A federal judge has temporarily blocked the deportation of an illegal immigrant who was shot Thursday during a U.S. Immigration and Customs Enforcement operation in New York City.
In a two-page order, U.S. District Judge Paul Oetken, an Obama appointee, ruled that the man — whom police identified as Oscar Belgal but who was named in a court document as Oscar Bergal — cannot be removed from the United States without a court order while his petition challenging his detention remains pending.
The judge also barred federal authorities from transferring him to any facility outside the Southern or Eastern Districts of New York or the District of New Jersey without prior court approval.
MAMDANI DEMANDS TRUMP RELEASE ILLEGAL IMMIGRANT SHOT BY ICE AGENT AS PROTESTS ERUPT IN THE BRONX
The suspect, a 28-year-old Dominican national, was shot after refusing to comply with lawful orders while ICE officers were conducting a targeted operation to arrest him in the Bronx, according to the Department of Homeland Security.
During the encounter, the suspect pulled his vehicle forward before at least one officer fired seven rounds, striking him below his left ear, NYPD Commissioner Jessica Tisch said at a news conference near the shooting scene late Thursday.
ICE officers used their vehicles to block the suspect as he attempted to drive away, but he accelerated toward them, Marcos Charles, a senior ICE official, said Friday during a news conference in Washington alongside DHS Secretary Markwayne Mullin.
“Our officers, using their training and believing that their life and the life of the partners and the general public were in danger, used their training and fired weapons,” Charles said.
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A 5-year-old boy inside the vehicle was unharmed. The suspect survived the shooting and was treated at a local hospital, Charles added.
ICE agents were unaware that a child was inside the vehicle, but Charles said the suspect “was aware” and chose to put the boy at risk by attempting to evade law enforcement.
BODYCAM FOOTAGE CAPTURES MOMENTS AFTER ICE SHOOTING OF VENEZUELAN MIGRANT IN AUSTIN
On Friday, the NYPD released bodycam footage showing officers arriving at the scene following the gunfire. The NYPD was not involved in the shooting incident.
The footage shows the suspect sitting handcuffed on the ground as officers arrive. In the background, a crowd can be heard voicing anger and dismay at the shooting.
According to DHS, the suspect has a prior grand larceny conviction and previous arrests for assault, robbery, drug possession, and weapons possession. Federal authorities also alleged that he has ties to the notorious Trinitarios street gang.
