U.S. District Judge Paul Oetken has issued a temporary order blocking the deportation of Oscar Belgal, a 28-year-old Dominican national shot by U.S. Immigration and Customs Enforcement officers during an arrest attempt in the Bronx. The ruling, contained in a two-page order, prohibits federal authorities from removing Belgal from the United States without a separate court order while his petition challenging his detention remains pending. Oetken, an Obama appointee, also barred agencies from transferring Belgal to any facility outside the Southern or Eastern Districts of New York or the District of New Jersey without prior judicial approval.
The incident occurred Thursday when ICE officers conducted a targeted operation to arrest Belgal. According to the Department of Homeland Security, the suspect refused to comply with lawful orders and pulled his vehicle forward. NYPD Commissioner Jessica Tisch stated at a news conference near the scene that at least one officer fired seven rounds, striking Belgal below his left ear. Marcos Charles, a senior ICE official, confirmed Friday in Washington that ICE vehicles were used to block the suspect as he attempted to drive away. Charles said officers fired their weapons after believing their lives, the lives of their partners, and the general public were in danger.
A five-year-old boy inside the vehicle was unharmed, and Belgal survived the shooting to be treated at a local hospital. Charles noted that while ICE agents were unaware a child was present, the suspect was aware of the boy's presence and chose to risk his safety by attempting to evade law enforcement.
On Friday, the NYPD released bodycam footage showing officers arriving at the scene after the gunfire. The footage depicts Belgal sitting handcuffed on the ground as a crowd in the background voices anger and dismay. The NYPD stated it was not involved in the shooting incident itself.
Federal authorities have disclosed that Belgal, whose name appeared as Oscar Bergal in a court document, has a prior grand larceny conviction and previous arrests for assault, robbery, drug possession, and weapons possession. DHS also alleged that he has ties to the Trinitarios street gang.