Judge blocks deportation of man shot by ICE agent in New York
A federal judge has barred the government from deporting Oscar Bergal, a Dominican man shot by an ICE agent during an arrest attempt in New York on Oct. 8. Judge Paul Oetken also barred moving him outside New York or New Jersey without court approval while his case is pending.
A federal judge has blocked the Trump administration from deporting a man who was shot by an Immigration and Customs Enforcement agent in New York City.
U.S. District Judge Paul Oetken issued a two-page order saying the man cannot be removed from the U.S. without a court order while his challenge to his detention is pending, Fox News reported. Police identified him as Oscar Belgal. Court papers name him as Oscar Bergal.
The judge also barred officials from moving him to any facility outside the Southern or Eastern Districts of New York or the District of New Jersey without the court's approval. Federal prosecutors did not challenge the order.
Later Friday, Judge John Cronan, who was assigned the case, denied Bergal's separate request for a temporary restraining order, saying Oetken's order would stay in effect, Inner City Press reported. A government lawyer told Cronan that Bergal was in New Jersey when the petition was filed, which raises a question about whether the Manhattan court can hear the case. Bergal's lawyers are due to update the court by letter on Tuesday.
Bergal, 28, is from the Dominican Republic. The Department of Homeland Security said he is in the U.S. illegally. DHS said ICE officers opened fire on Oct. 8 when he drove toward them during a targeted operation, NTD reported. He was hit in the neck and taken to a hospital, then to a detention center outside New York. His 5-year-old son was in the back seat. The boy was not hurt.
DHS also alleged Bergal is tied to the Trinitarios gang. He has not been charged in connection with that claim.
Local and federal officials released video of the shooting on Friday. Al Jazeera reported that an ICE supervisor seen holding a rifle after the shooting was also part of a disputed arrest in Minneapolis last December. In that case, agents knelt on a pregnant woman and dragged her through the street.
The shooting has drawn protests and criticism from New York officials. It is one of several recent ICE shootings that have raised questions about the agency's tactics.
What we know: a federal judge has barred Bergal's deportation while his detention challenge is pending.
What we don't: how the shooting unfolded, which investigators are still reviewing.
Where outlets agree Fox News and NTD both report Judge Oetken barred Bergal's deportation while his detention challenge is pending.
Where they differ The outlets cited here report the same key facts so far.