The attorney representing the brother of Lorenzo Salgado Araujo is asking a federal judge to seal her client’s court case and release him from immigration detention, saying he could face retaliation as a key witness in the fatal shooting of his brother.
Victor Salgado was a passenger in the van his brother was driving on July 7 when an Immigration and Customs Enforcement agent fatally shot Lorenzo Salgado in the stomach. ICE agents detained Victor Salgado and two other passengers and transported them to an ICE detention facility in Conroe.
Last week, attorney Ruby Powers filed a habeas corpus petition on Salgado’s behalf. The petition is a type of court filing that allows individuals to challenge the legality of their detention. Powers requested that the records in the habeas corpus case remain sealed, arguing that Salgado’s identity and whereabouts could jeopardize the investigation and place him and his family at “risk of retaliation or intimidation.”
“We filed a motion to seal a writ of habeas corpus on behalf of Victor Salgado Araujo as another legal avenue to seek his release from ICE custody,” Powers said in a statement.
“That request is intended to protect the privacy of Victor and his family and to preserve the integrity of the ongoing legal proceedings,” she added. “Given the active litigation and the significant public attention surrounding this case, we believe it is appropriate that sensitive information remain under seal while the Court considers the matter.”
Victor Salgado has been detained at the Montgomery ICE Processing Center in Conroe since the shooting, which is being separately investigated by the FBI, the Harris County District Attorney’s office and the Texas Rangers.
Powers told the Chronicle last week that Salgado was ordered to appear before an immigration judge in the next few weeks where he could likely be placed in removal proceedings to deport him to Mexico.
The habeas petition was filed to ensure Victor Salgado is able to provide eye-witness testimony and assist in his own defense, Powers said.
“Our position has not changed,” she said. “We continue to pursue every available legal remedy to secure Victor’s release, and we remain committed to ensuring that the legal process proceeds fairly and without unnecessary interference.”
See here for previous blogging about Lorenzo Salgado Araujo. Remember that the FBI is not actually doing any investigating, if by “investigating” you mean “trying to find out what happened” and not “trying to rig the scales for ICE”. Victor Salgado deserves his chance to testify about what happened. If that scares ICE and the rest of those cowards, good. They should be scared.
UPDATE: A federal judge has ruled in favor of one of the other passengers in the van. This ought to be a positive sign for Victor Salgado.