A federal judge on Wednesday temporarily barred U.S. Immigration and Customs Enforcement (ICE) from deporting or transferring Oscar Belgal, a 28-year-old Dominican national shot during an encounter with ICE officers in New York City last week. The order, issued by U.S. District Judge Hector Gonzalez, also prohibits Belgal’s transfer outside the Southern District of New York, the Eastern District of New York, or the District of New Jersey.
Belgal was shot in the neck while driving in Manhattan on October 8, with his 5-year-old son in the back seat, according to authorities. His attorneys with the Legal Aid Society allege the shooting occurred after masked ICE officers approached his vehicle without identifying themselves, shattering a window and firing multiple shots. A separate account from the Department of Homeland Security (DHS) claims officers opened fire only after Belgal allegedly “weaponized his vehicle” by crashing into two government vehicles and accelerating toward other officers.
The Legal Aid Society filed a habeas petition in Brooklyn federal court seeking Belgal’s release, stating the bullet remains “lodged in his neck” and that he is experiencing numbness on the left side of his face and hearing loss. The petition also alleges Belgal is being held in a segregated unit at the Metropolitan Detention Center in Brooklyn and has only been given ibuprofen for pain. Federal prosecutors are pursuing his removal from the country.
NYPD security camera footage released last week shows a masked man in a red hat running toward Belgal’s car with a gun drawn, using the barrel to shatter the driver’s side window before Belgal drove away. The video does not capture the shooting itself. The Legal Aid Society’s filing disputes DHS’s claim that Belgal accelerated toward officers, stating the officers did not identify themselves or display any credentials before the confrontation.
ICE has not publicly commented on the latest court filing. A federal judge previously blocked Belgal’s deportation last week, and Gonzalez’s order on Wednesday also questions why the government believes mandatory detention is warranted, citing recent rulings that limit such detentions without considering individual circumstances. Belgal’s attorneys contend ICE arrested him without a warrant.
The Legal Aid Society’s petition includes medical records documenting Belgal’s ongoing injuries, describing his condition as requiring urgent attention. The case has raised questions about the use of force by ICE officers and the agency’s detention practices, particularly in cases involving individuals with medical needs. The judge’s temporary order does not address the underlying merits of the shooting or the legal justification for Belgal’s detention but focuses on procedural protections while the case proceeds.