ICE Shooting Suspect Wins Temporary Deportation Block as Court Challenge Continues
Andrew Powell · Oct 9, 2026 · 2 min read
A federal judge has temporarily blocked the deportation of a Dominican national who was shot during an Immigration and Customs Enforcement operation in New York City, giving him time to pursue a legal challenge to his detention.
According to Fox News, U.S. District Judge Paul Oetken issued the order after the 28-year-old man, identified by police as Oscar Belgal and listed as Oscar Bergal in a court filing, sought to challenge his detention.
The ruling prohibits federal authorities from deporting him without court authorization while his petition remains pending.
Oetken also barred the government from transferring the man to a detention facility outside the Southern or Eastern Districts of New York or the District of New Jersey unless the court approves the move.
The legal development follows Thursday’s shooting in the Bronx, where federal officials said ICE officers were attempting to arrest the man during a targeted enforcement operation.
According to the Department of Homeland Security, the encounter escalated after the man refused to comply with officers’ lawful orders. New York City Police Commissioner Jessica Tisch said the man moved his vehicle forward before at least one officer fired seven shots, hitting him below his left ear.
Marcos Charles, a senior ICE official, offered additional details during a news conference Friday alongside DHS Secretary Markwayne Mullin. Charles said officers had positioned their vehicles to prevent the man from driving away before he accelerated toward them.
“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.
The man survived the shooting and was taken to a local hospital for treatment. A 5-year-old boy inside the vehicle was not injured.
Charles said ICE officers did not know the child was in the vehicle during the encounter. He alleged that the man knew the boy was there and endangered him by attempting to escape.
The NYPD released body-camera footage Friday showing officers arriving after the gunfire. The department was not involved in the shooting itself.
In the video, the man can be seen sitting on the ground in handcuffs as officers approach. People nearby can be heard expressing anger and distress over the incident.
Federal officials also cited the man’s criminal history as they described the circumstances surrounding the operation. DHS said he has a prior grand larceny conviction and previous arrests involving assault, robbery, drug possession and weapons possession.
Authorities have also alleged that he has ties to the Trinitarios street gang.
The judge’s order addresses the man’s deportation and where he may be detained while his legal challenge proceeds. It does not resolve the underlying petition or determine the legality of the shooting.