In a divided opinion, the U.S. Court of Appeals for the Fifth Circuit has reversed the alien-smuggling conviction of a trucker because he wasn’t allowed to confront two undocumented immigrant witnesses who testified for the government via videotape but couldn’t be located in Mexico to appear for trial.

The decision, USA v. Foster, concerns the appeal of truck driver George Lamar Darryl Foster, who was arrested in 2016 for conspiracy to transport aliens after U.S Border Patrol agents discovered five undocumented immigrants inside his tractor-trailer.