A federal judge has ordered a temporary halt to the deportation of a Dominican man who was wounded Thursday when federal immigration officers opened fire during an enforcement operation in New York City.
In a two-page ruling, U.S. District Judge Paul Oetken said the man—identified by police as Oscar Belgal and listed as Oscar Bergal in a court filing—must not be removed from the country unless another court issues an order allowing it. The directive will remain in place while Belgal challenges his detention.
Oetken also prohibited federal officials from moving Belgal to a facility outside New York’s Southern or Eastern districts or New Jersey without first receiving permission from the court.
Law enforcement personnel tend to the suspect after he was shot by federal immigration officers on Thursday in New York. A 5-year-old boy was inside the car. On Friday, a judge blocked his deportation. (New York City Police Department via AP)
During a Friday hearing, the court dismissed a defense request for a temporary restraining order with prejudice after federal prosecutors did not contest Oetken’s directive preventing Belgal’s deportation.
The 28-year-old Dominican national was shot in the Bronx after allegedly failing to follow officers’ lawful commands during an ICE operation aimed at taking him into custody, according to the Department of Homeland Security.
New York Police Department Commissioner Jessica Tisch said at a news conference Thursday night that Belgal moved his vehicle forward during the confrontation. At least one officer then fired seven shots, hitting him below the left ear.
Marcos Charles, a senior ICE official, said Friday that agents had positioned their vehicles to prevent Belgal from leaving. Charles alleged that Belgal accelerated toward the officers as he tried to drive away during the Bronx operation.
“Our officers, using their training and believing that their life and the life of their partners and the general public were in danger, used their training and fired weapons,” Charles said.
In this image taken from New York City Police Department body camera video, law enforcement personnel tend to the suspect, who was shot by federal immigration officers on Thursday, Oct. 8, 2026, in New York, as he drove his car with a 5-year-old boy inside. (New York City Police Department via AP)
A 5-year-old child was in the vehicle but was not injured. Charles said Belgal survived the shooting and was taken to a nearby hospital for treatment.
Belgal has since left the hospital, although his attorneys said a bullet remains lodged in his body.
ICE officers said they did not know the child was inside the car. Charles nevertheless claimed Belgal knew the boy was present and endangered him by trying to avoid arrest.
Harold Solis, an immigration lawyer with the nonprofit Make the Road New York, challenged the officers’ conduct outside the courthouse Friday.
“Regardless of whether or not someone has a criminal history, it is not lawful and it is not OK to shoot a father in an afternoon with his son in the back seat,” Solis told reporters. “That is not how we resolve legal disputes in this country. We resolve them in buildings like these, in courtrooms.”
Protesters and law enforcement officers clash close to the scene where a man was shot by an Immigration and Customs Enforcement (ICE) officer during an operation in the Bronx borough of New York on October 8, 2026, according to local media and police. (CHARLY TRIBALLEAU / AFP via Getty Images)
The NYPD released body-camera footage Friday showing officers reaching the scene after the shooting. Police said NYPD personnel were not involved in the gunfire.
In the video, Belgal is seen handcuffed and seated on the pavement as officers approach. Voices from an angry crowd can be heard in the background, reacting to the shooting.
DHS said Belgal has a previous grand larceny conviction and has been arrested in connection with allegations including assault, robbery, drug possession and weapons possession. Federal officials also alleged that he has links to the Trinitarios street gang.
