Convicted child killer John Allen Rubio is back in the Rio Grande Valley.
The 33-year-old death row inmate was booked into the Cameron County Jail on Halloween night.
Action 4 News has learned that the Brownsville man has a hearing in the 138th State District Court on Tuesday.
Rubio was sentenced to death for the March 2003 murders of three children belonging to him and his common law wife Angela Camacho.
Camacho is serving life in prison for her role in the crime.
An appeals court upheld Rubio's conviction and death penalty last year but he filed a motion of habeas corpus in September alleging that the Texas Death Penalty is unconstitutional.
Rubio is also asking trial Judge Noe Gonzalez to recuse himself from hearing the motion claiming that the judge is prejudiced against him.
The Brownsville native alleges that Judge Gonzales does not answer his motions in a timely manner and does not fund his requests for experts.
The Cameron County District Attorney's office said they are fighting the motion.
Action 4 News also spoke to Cameron County Sheriff's Department Chief Deputy Gus Reyna about Rubio's transfer back to Cameron County.
Chief Reyna said Rubio is being held in isolation away from other inmates at the Cameron County Jail.
Rubio is allowed recreation time but has his own bathroom and shower.
According to the Texas Department of Criminal Justice website, Rubio is one of 13 Rio Grande Valley criminals on Death Row.