Federal Judge Halts Deportation of Man Shot by ICE

Federal Judge Halts Deportation of Man Shot by ICE Amid Detention Challenge

A federal judge has temporarily stopped the deportation of Oscar Belgal, a Dominican national who was shot by Immigration and Customs Enforcement (ICE) agents during an attempted arrest in Manhattan. U.S. District Judge J. Paul Oetken issued the order on October 9, 2026, in response to a habeas corpus petition filed by Belgal’s legal team. This legal action challenges Belgal’s detention and seeks to prevent his removal from the United States while the court reviews the circumstances of his arrest and confinement.

The judge’s order specifically bars the government from deporting Belgal. It also restricts his transfer outside of three federal districts: the Southern District of New York, the Eastern District of New York, and the District of New Jersey, unless the court gives its approval. This measure is in place to ensure the court can maintain its authority over the case as it examines the detention challenge.

The Incident Leading to Detention

ICE agents attempted to arrest Oscar Belgal on the afternoon of October 8, 2026, in Manhattan’s Marble Hill neighborhood. The Department of Homeland Security described the event as a “targeted enforcement operation.” According to authorities, Belgal was in a vehicle with his young child when officers attempted the arrest. They stated that Belgal was shot in the neck after allegedly not complying with officers’ commands.

Following the shooting, Belgal was taken to NewYork-Presbyterian Allen Hospital. After being discharged later that evening, ICE agents transported him to Delaney Hall in Newark, New Jersey. He was subsequently booked into the Metropolitan Detention Center in Brooklyn. Marcos Charles, DHS executive associate director for enforcement and removal operations, explained that officers used their vehicles to block Belgal’s car as part of the arrest attempt. Belgal’s lawyers noted that this series of transfers occurred before their emergency court filing.

Legal Arguments in the Habeas Corpus Petition

Belgal’s attorneys argue that he was taken into custody without a warrant. They also contend that ICE had not initiated formal removal proceedings by issuing a notice to appear, a standard document that informs an individual of the charges against them and the need to appear in immigration court. The legal team further claims that ICE moved Belgal out of New York shortly after the shooting and before they could file their emergency petition. The habeas corpus petition aims to have Belgal released from detention based on these alleged procedural issues.

Background and Pending Case

Authorities have stated that Belgal has an ICE detainer and a prior criminal record. Court documents indicate he had been arrested twice in the three years preceding this incident. At the time of his arrest, he was reportedly on supervised release in connection with a pending case. This case involves allegations that he sold fentanyl, heroin, and cocaine to an undercover narcotics detective. It is important to note that these allegations are part of the pending case and are not findings related to the current detention challenge.

Investigation into the Shooting

The shooting incident itself is currently under investigation by federal authorities, including the FBI and Homeland Security Investigations. Reports suggest that the officers involved were wearing activated body cameras during the enforcement operation. The findings of this investigation may provide further context for the ongoing legal proceedings.

Frequently Asked Questions