Bruce Beresford-Redman, the Survivor producer accused of murdering his wife, is due in a Los Angeles courtroom Tuesday for a hearing in which his lawyers will argue he's being held unconstitutionally, as prosecutors in the case haven’t shown enough evidence to keep him in custody.

Prosecutors counter it's too early in the case to present the evidence against Beresford-Redman, Breaking Celebrity News has learned.

Beresford-Redman, 38, is fighting extradition to Mexico, where he's been charged with aggravated homicide in his wife Monica’s death in Cancun almost eight months ago. He  says  he's not guilty.

The Emmy-nominated producer has been in custody since November 16, when he was arrested on a fugitive warrant in connection with the homicide charge.  He was denied bail on November 30.

EXCLUSIVE PHOTO: First Crime-Scene Photo Of Sewer Where Body Of Survivor Producer's Wife Found