Federal Judge Blocks Deportation of Illegal Immigrant Shot by ICE in New York
Obama-appointed Judge J. Paul Oetken issued a temporary halt to the removal of Oscar Bergal, who is facing multiple criminal charges.
A federal judge appointed by former President Barack Obama has temporarily blocked the deportation of an illegal immigrant who was shot by an Immigration and Customs Enforcement (ICE) agent in New York City.
Judge J. Paul Oetken ruled on Friday that Oscar Bergal, 28, cannot be immediately deported to the Dominican Republic. The ruling came after Bergal survived a shooting incident in the Bronx on Thursday and was subsequently taken into ICE custody.
The Department of Homeland Security states that Bergal is an illegal immigrant with a criminal history that includes arrests for grand larceny, assault, and robbery. He is also alleged to have affiliations with the Trinitarios gang.
Federal agents were reportedly targeting Bergal as part of an investigation into the gang's alleged involvement in a moped shooting in the city.
ICE officials claim that Bergal was shot because he "weaponized his vehicle" and drove it at agents during the enforcement operation. Bergal was struck in the neck and taken to a hospital with non-life-threatening injuries. He has since been released and is being detained by ICE.
Following the shooting, Bergal's attorneys filed a challenge to his detention. Judge Oetken's order prevents Bergal's removal from the United States while this challenge is pending. The judge stated the ruling was made "in order to preserve the court's jurisdiction" and restricted Bergal's transfers to facilities only within the Southern or Eastern Districts of New York.
Despite the judge's order, ICE stated on Friday that Bergal had been placed in a detention facility outside of New York State due to his criminal history and flight risk. It remains unclear where he was transferred.
The incident and subsequent protests have drawn criticism from New York City officials. Mayor Zohran Mamdani condemned ICE's actions, stating the agency "terrorizes this city" and calling the shooting "unconscionable."
Governor Kathy Hochul also expressed outrage and urged federal officials to halt ICE enforcement operations in the state, requesting the release of any body camera footage of the shooting.