A federal judge has ordered U.S. Immigration and Customs Enforcement (ICE) to temporarily end round-the-clock surveillance of a man hospitalized with a broken leg he suffered during his arrest, citing the agency’s failure to justify the need for continued custody.

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The man, who suffered a broken leg while being arrested in California on August 27, had been detained for more than 37 days, with guards continuously monitoring him, U.S. District Judge Cynthia Valenzuela said in her ruling on Saturday.

“To date, ICE has not placed petitioner in removal proceedings, charged him with violating immigration law, set bond, issued a Notice to Appear or otherwise processed him,” Valenzuela said.

She told ICE to “remove the guards or other security personnel in or near petitioner’s hospital room at Harbor-UCLA Medical Center.”