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A federal judge on Friday ordered U.S. Customs and Border Patrol Commander Gregory Bovino to testify in federal court on Oct. 28. The order came the day after Bovino himself threw a canister of tear gas into a crowd of protesters Thursday in Chicago’s Little Village neighborhood.

U.S. District Judge Sara Ellis had already ordered Bovino be deposed in a case over the Department of Homeland Security’s crowd control tactics after she said she was concerned federal immigration agents were violating her Oct. 9 restraining order restricting the use of tear gas, pepper balls and other non-lethal “riot control” weapons.

Another federal judge in Chicago heard arguments Friday over whether a consent decree that prohibits warrantless arrests by U.S. Immigrations and Customs Enforce

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