Federal Judge Blocks Deportation Of Illegal Immigrant Shot By ICE In NYC

A federal judge on Friday temporarily blocked the deportation of an illegal immigrant shot by an Immigration and Customs Enforcement (ICE) officer during an attempted arrest in New York City.

U.S. District Judge J. Paul Oetken issued the order after attorneys for Oscar Belgal, whose name appears as Bergal in court filings, filed an emergency petition challenging his detention. The judge also barred federal authorities from transferring Belgal to facilities outside the Southern or Eastern Districts of New York or the District of New Jersey without prior court approval.

The order requires court approval before authorities can deport Belgal but does not require his release. It remains in effect unless the court modifies or vacates it.

Homeland Security Secretary Markwayne Mullin said Friday that Belgal had already been moved out of New York. Oetken directed the government to be prepared to explain where Belgal was and where he had been when the petition was filed.

Belgal, a 28-year-old Dominican national, was shot Thursday during a targeted ICE operation in New York City’s Marble Hill neighborhood.

According to Marcos Charles, a senior ICE official, Belgal refused orders to get out of his vehicle, struck two government vehicles and drove toward officers, prompting them to open fire. Charles said the officers believed they were in danger and acted in accordance with their training.

New York City Police Commissioner Jessica Tisch said an officer fired seven rounds as Belgal pulled his vehicle forward. One bullet struck him below the left ear. A five-year-old child was in the vehicle but was not injured.

Belgal survived the shooting and was taken to a local hospital before being placed in federal custody. The incident prompted riots and clashes between demonstrators and police outside the hospital Thursday night. The New York Post reported that five people were arrested during the unrest.

Mayor Zohran Mamdani and Gov. Kathy Hochul, both Democrats, said they had unsuccessfully pressed President Donald Trump and Mullin to release Belgal. They also called for greater transparency surrounding the shooting.

The Department of Homeland Security has cited Belgal’s criminal history and alleged gang ties in defending the operation. DHS says he has a prior grand larceny conviction and previous arrests involving assault, robbery, drug possession, and weapons offenses. The department has also alleged that he has ties to the Trinitarios street gang.