Deportation Temporarily Blocked for Man Shot by ICE Agent

A federal judge has temporarily halted the deportation of Wilber Rafael Garces Perez, a Venezuelan national who was shot by an ICE agent in Austin. Garces Perez remains in federal custody, with a bullet still lodged in his back. His legal team is seeking release and time to pursue immigration relief, specifically a U visa, which is connected to the shooting investigation.

The judge ordered Garces Perez to appear for an in-person hearing in San Antonio on September 30, 2026. This order means he will not be deported before this court date. The case highlights the complex intersection of immigration law, law enforcement actions, and the pursuit of justice for individuals in federal custody.

Background of the Shooting and Custody

The incident occurred on Sunday, September 20, 2026, in North Austin, near Anderson Square and U.S. 183. Following a brief foot pursuit, Garces Perez was shot once in the torso by an ICE agent. He was initially taken to a hospital for treatment and has since been transferred to the South Texas ICE Processing Center. His lawyer has reported that he is experiencing significant pain and has limited movement on his left side due to the injury.

The Department of Homeland Security stated that Garces Perez is in federal custody pending removal. The shooting investigation is being led by Homeland Security Investigations, with assistance from the FBI. The ICE officer involved in the shooting has been placed on administrative leave pending the outcome of the investigation. Austin Police Chief Lisa Davis described Garces Perez’s condition as “stable but serious” after the shooting.

Legal Efforts for Immigration Relief

Garces Perez’s lawyers are actively working to prevent his deportation and allow him to apply for immigration relief. Immigration attorney Kristin Etter filed a federal request to stop his removal so he can pursue a U visa. This type of visa is available to victims of certain crimes who have cooperated with law enforcement in the investigation or prosecution of criminal activity. The shooting itself is being examined as a potential crime, making the U visa a relevant avenue for Garces Perez.

Attorney Kate Lincoln-Goldfinch stated that a federal lawsuit has been filed, asking for Garces Perez’s release and a pause in his removal proceedings. While his legal team acknowledges a final removal order exists, they want him to have the chance to apply for relief before being deported. The judge’s order for an in-person hearing is a critical step in this process, ensuring Garces Perez has a court appearance to present his case.

Disputed Accounts of Immigration History

There are differing accounts regarding Garces Perez’s immigration history. Lincoln-Goldfinch stated that Garces Perez entered the United States lawfully in 2024 through CBP One, was seeking asylum, and had a valid work permit. She explained that a deportation order resulted from him missing an immigration hearing because the notice was sent to a former address. His legal team believes he entered the country legally and previously held a work permit.

Conversely, the Department of Homeland Security characterized his entry as “illegal” and confirmed he faced a final removal order. These conflicting accounts add complexity to the case, with the current court proceedings focusing on the request to halt his removal to allow for the U visa application. The family has also faced difficulties in obtaining information about his condition and whereabouts after the shooting, with reports indicating he had been working as a DoorDash driver. The next court date is scheduled for September 30, 2026, in San Antonio.

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