Judge Halts Deportation of Dominican Man Shot by ICE in Bronx Operation
A federal judge ordered that a 28-year-old Dominican illegal immigrant, wounded during an ICE arrest in the Bronx, cannot be deported while his detention challenge proceeds.
In a two-page ruling, U.S. District Judge Paul Oetken blocked the deportation of a 28-year-old Dominican national who was injured during an ICE operation in the Bronx on Thursday. Identified by police as Oscar Belgal and by court documents as Oscar Bergal, the man was shot after refusing lawful orders and attempting to drive away, prompting ICE agents to fire seven rounds that hit him below his left ear. The judge also barred federal authorities from moving him to any facility outside the Southern or Eastern Districts of New York or the District of New Jersey without prior judicial consent.
ICE senior official Marcos Charles, speaking with DHS Secretary Markwayne Mullin, said the suspect knowingly endangered a child in the vehicle, though agents were unaware of the child's presence. The detainee survived, received hospital treatment, and faces a prior grand-larceny conviction plus alleged connections to the Trinitarios street gang. NYPD released body-camera video showing the handcuffed suspect on the ground as officers arrived, with onlookers expressing anger at the shooting.
Why it matters
The ruling limits ICE's ability to deport a suspect injured during a controversial arrest, highlighting legal checks on immigration enforcement.
How this story developed
- Aug 13 San Antonio immigrants live in constant fear as ICE arrests surge
- Sep 17 ICE agent Christian Castro turned himself in to Minnesota authorities on a warrant for assault after shooting a Venezuelan man, and faces both state and federal charges.
- Sep 18 Castro entered a not‑guilty plea to the federal false‑statement charges.
- Sep 20 A man was wounded after being shot by U.S. Immigration and Customs Enforcement officers in North Austin, Texas, and taken to a local hospital.
- Sep 27 A federal judge scheduled a personal appearance for the man on September 30 and issued a temporary order halting his deportation.
- Sep 29 The U.S. Supreme Court granted the Justice Department’s emergency request, letting the Trump administration continue deporting migrants to third countries while the policy’s legality is examined.
- Sep 30 Supreme Court issued an emergency order allowing third‑country deportations to continue.
- Sep 30 An immigration judge ruled that Salah Sarsour, head of Wisconsin’s largest mosque, can be deported on national-security grounds despite his claim that the case targets his Palestinian-rights advocacy.
- Sep 30 The Justice Department lodged complaints with the 8th Circuit alleging that Minnesota federal judges made partisan statements about a Trump-era deportation surge.
- Oct 1 A federal indictment charging Garces Perez with assault was filed.
- Oct 3 The filing requests that the judges be barred from hearing Department of Homeland Security cases.
- Oct 3 A Chicago immigration judge allowed a possible deportation of Salah Sarsour.
- Oct 8 A person was shot by federal agents in Marble Hill, Bronx, and is now receiving treatment at a nearby hospital.
- Oct 9 ICE announced it will continue enforcement actions in New York City despite the shooting.
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