Man Shot by ICE Agents Still Has Bullet Lodged in Neck, Attorneys Allege
Victim's lawyers claim he is receiving inadequate medical care while detained, and a judge has temporarily halted his deportation.
Nearly a week after being shot by U.S. Immigration and Customs Enforcement (ICE) officers, a man remains in detention with a bullet still lodged in his neck, according to a court filing by his attorneys. Oscar Belgal, 28, was shot on Thursday while in his car with his 5-year-old son in the back seat, authorities have said.
Attorneys with the Legal Aid Society stated in a habeas petition that the bullet remains in Belgal's neck, causing numbness on the left side of his face and affecting his hearing. They allege he is only being given ibuprofen for pain and is being held in a segregated unit at the Metropolitan Detention Center in Brooklyn.
A federal judge on Wednesday issued a temporary order barring the Trump administration from deporting Belgal or transferring him outside of the Southern District of New York, the Eastern District of New York, or the District of New Jersey. This follows a similar block on his deportation issued by a different judge last week. U.S. District Judge Hector Gonzalez also ordered the government to explain why Belgal warrants mandatory detention, citing recent rulings that limit the government's ability to detain individuals without bond or consideration of their circumstances.
Belgal's attorneys contend that ICE agents arrested him without a warrant. ICE has not immediately commented on the latest court filing.
Last week, the Department of Homeland Security alleged that Belgal, who they claim has gang associations and a criminal record, "weaponized his vehicle" when agents attempted to box him in during the arrest. Belgal denies gang involvement, and his attorneys state ICE has not provided evidence to support these claims.
Surveillance footage shows Belgal parked in his SUV when two plainclothes officers approach with guns drawn. The footage shows Belgal reversing and then driving away as one officer breaks the driver's side window.
Belgal's attorneys provided further details in their petition, stating that Belgal had picked up his son from school and was backing up his car near a fire hydrant when a masked agent approached his car with a weapon drawn. The petition alleges that the agent shattered the window and began firing into the car while the child was in the back seat.
The shooting has drawn criticism from New York City officials. Mayor Zohran Mamdani called for ICE to be removed from the city. DHS Secretary Markwayne Mullin, however, pushed back against Mamdani, criticizing the city's sanctuary policies.