HOUSTON – Two men who were inside the van when federal immigration agents shot and killed Lorenzo Salgado Araujo have been formally certified by the Harris County District Attorney’s Office as victims of alleged violent crimes, according to newly filed federal court documents.
Daniel Tirado Pantoja and José Trinidad Rojas Pliego remain in federal immigration custody at the Montgomery ICE Processing Center in Conroe. Both men have filed petitions in federal court seeking their immediate release.
Recommended Videos
The filings include U-visa certifications issued by the Harris County District Attorney’s Office identifying both men as victims of “felonious assault,” “manslaughter” and “murder.” The forms describe the investigation as ongoing and identify District Attorney Sean Teare as the head of the certifying agency.
A U-visa is a form of immigration relief available to certain noncitizen victims of qualifying crimes who possess information about the crime and assist law enforcement.
The certifications do not mean an ICE agent has been charged or that prosecutors have made a final determination that a crime occurred. However, the signed documents certify, under penalty of perjury, that Tirado Pantoja and Rojas Pliego were victims of qualifying criminal activity.
The certifications state the criminal activity occurred July 7 in the 6800 block of Canal Street in Houston.
Both men reported bruising to their knees resulting from their arrests, according to the records.
The forms state the men provided voluntary statements, possess material information about the shooting and have been “helpful and cooperative” with the Harris County District Attorney’s Office investigation.
The certifications are dated July 13. The men’s court filings state their U-visa applications were submitted three days later.
Witness disputes ICE’s account of shooting
Rojas Pliego’s U-visa application includes his first-person account of what happened before Lorenzo Salgado Araujo was shot.
Rojas Pliego said Lorenzo Salgado Araujo picked up the men around 6:30 that morning as they headed to work. He said the group encountered ICE agents and was pursued before officers surrounded the van.
Rojas Pliego said the passengers told Lorenzo Salgado Araujo to stop.
“When Lorenzo stopped the van, the officer shot him anyway,” the English translation included in the court filing states.
Rojas Pliego said agents then pulled Lorenzo Salgado Araujo from the van while he was wounded, handcuffed him and threw him to the ground. He said the remaining passengers were also forcefully removed, thrown to the ground, handcuffed and placed in restraints.
His statement directly disputes ICE’s claim that Lorenzo Salgado Araujo used the van as a weapon.
“They say they wanted to run us over, but that’s a lie; there wasn’t a single officer behind or in front of us, they were only on the sides,” Rojas Pliego’s statement reads.
Second witness alleges agents exchanged guns
Tirado Pantoja provided a separate statement describing a series of collisions before the shooting.
He said an ICE vehicle nearly struck the van, prompting Lorenzo Salgado Araujo to drive onto a curb while turning around. Tirado Pantoja said an ICE vehicle then hit the van from behind and later struck the driver’s side.
According to the English translation in the filing, Lorenzo Salgado Araujo said, “Ya me mataron,” translated in the document as, “They’ve already killed me.”
RELATED: Harris County ME rules Houston ICE shooting death of Lorenzo Salgado Araujo a homicide
Tirado Pantoja also made a potentially significant allegation involving the agents’ firearms.
“After they took Lorenzo, another agent came and switched guns with the agent that fired then shot at Lorenzo,” the statement reads.
Tirado Pantoja also said agents were never positioned in front of the van and that Lorenzo Salgado Araujo put the vehicle in park while agents were firing.
Men challenge continued ICE detention
Separate Notices to Appear show ICE placed both men in removal proceedings after the shooting.
ICE alleges they entered the United States without being admitted or paroled and did not possess valid immigration documents.
Both are scheduled to appear before an immigration judge in Conroe on Aug. 3.
Their attorneys filed separate federal habeas corpus petitions July 20, arguing their detention without an individualized bond hearing violates their Fifth Amendment due-process rights.
According to the petitions, Tirado Pantoja has lived in the United States since approximately 1996, while Rojas Pliego has lived in the country since approximately 1998. Their attorneys say neither man has a criminal history and neither poses a danger to the community or a flight risk.
The petitions argue ICE should release the men because of their pending U-visa applications and their status as victims cooperating with a criminal investigation.
Judge blocks Rojas Pliego’s deportation or transfer
On July 20, U.S. District Judge Keith P. Ellison ordered the federal government not to deport Rojas Pliego or transfer him outside the Southern District of Texas while his habeas petition remains pending.
The government must obtain the judge’s permission before moving him outside the district and explain in writing why a transfer would be necessary.
Ellison also ordered the government to respond to Rojas Pliego’s petition by July 24. The response must explain the legal authority under which he is being detained and specifically address his factual allegations and legal claims.
Third witness seeks to seal his case
Victor Hugo Salgado Araujo, another passenger and the brother of Lorenzo Salgado Araujo, has also filed a federal habeas petition.
His attorney, Ruby Powers, asked a judge to seal the entire case, describing Victor Hugo Salgado Araujo as a “key eyewitness” who could face retaliation or intimidation if details about his identity, location and account were made public.
The motion states the shooting remains under investigation by multiple agencies, including the FBI, Texas Rangers and Harris County District Attorney’s Office.