death sparked weeks of protests in Houston and prompted calls for independent investigations. At least three agencies - the Department of Homeland Security, the Harris County District Attorney's Office and the Texas Rangers - have said they are investigating the shooting.

Rojas had been detained without a bond determination while removal proceedings continue. He has applied for a U visa based on the circumstances of the shooting, with certification from the Harris County District Attorney's Office.

After his arrest, Rojas was charged with being an alien present in the United States who was not admitted or paroled, a civil violation, according to Ellison's order. ICE began removal proceedings, but an order paused them while Ellison considered Rojas' request for release.

Rojas is a Mexican citizen who has lived in the United States since 1998 and has no criminal history. He's never been deported before.

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The U visa he applied for is a type of temporary immigration permission given to some crime victims and witnesses to crimes.

Ellison ruled that Rojas' continued detention could be prolonged because of his U visa application, and that in turn could make holding him unconstitutional. Some of the factors in Rojas' case could result in his removal being canceled altogether, Ellison said in the order.

Ellison ordered Rojas to be released in a public place within the Southern District of Texas, and for his lawyer to be notified of his release three hours before it happens. If the government wants to detain Rojas again, attorneys must notify him in advance and schedule a hearing in front of Ellison to argue whether he is a flight risk or danger to the community.

Ellison, 76, was appointed to the federal bench by Bill Clinton in 1999

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