The federal government is asking a judge to suspend an order that released a witness to the deadly ICE shooting in Houston earlier this month, a move that could open the door for immigration authorities to seek to take him back into custody.

Jos Trinidad Rojas Pliego was released from ICE custody on Wednesday after U.S. District Judge Keith Ellison ruled Monday that his continued detention without an individualized bond determination violated his constitutional right to due process.

The July 27 order required immigration officials to release Rojas Pliego within 48 hours.