Federal Judge Puts the Brakes on Deportation of Illegal Immigrant Involved in NYC ICE Shooting

On Friday, federal U.S. District Judge Paul Oetken temporarily blocked the deportation of an illegal alien who was involved in a shooting on Thursday as Immigration and Customs Enforcement (ICE) agents attempted to carry out an operation in New York City. 

Oetken issued a two-page order saying a man police identified as Oscar Belgal (but who was identified in a court document as Oscar Bergal) could not be removed from the country while a petition challenging his detention is pending. Authorities are also prohibited from transferring Belgal to any other facility outside the Southern or Eastern Districts of New York or the District of New Jersey without a court order.

The illegal alien whose shooting has degenerate Gotham in an uproar is Oscar Belgal, from the Dominican Republic. The Department of Homeland Security (DHS) said as ICE-ERO officers tried to box in his car to make an arrest, Belgal rammed the ICE vehicles. A senior official said at least five shots were fired by law enforcement. An ICE team was in the neighborhood searching for a man with a criminal record. The suspect had a prior arrest for robbery that resulted in a grand theft conviction and an open drug case. The DHS posted that Oscar Belgal is connected to the Trinitarios street gang, and has numerous past arrests for robbery, drugs, and other crimes. https://t.co/FTJDBVlFh3

— Crime In NYC (@Crime_In_NYC) October 9, 2026

The shooting occurred when Belgal, a 28-year-old Dominican national, refused to comply with orders from ICE agents as they attempted to arrest him in the Bronx. Agents fired roughly seven rounds after Belgal pulled his vehicle forward. ICE agents had attempted to block Belgal's car in when he tried to drive away. 

NYPD Police Commissioner Jessica Tisch stated that Belgal was hit below the left ear. There was also a 5-year-old boy in the car. ICE agents were not aware the child was in the car, but senior ICE official Marcos Charles stated during a news conference in Washington, D.C., with Homeland Security Secretary Markwayne Mullin that Belgal "was aware," putting the child in danger while attempting to flee from law enforcement. 

There have been 604 people have been shot in New York City this year. Not once did Mayor Mamdani hold a press conference for them. But when ICE shoots an illegal alien that was released by New York, he held a full press conference to “negotiate” the man’s release. Pathetic.

— J (@JayTC53) October 9, 2026

Marcos Charles went on to say of ICE agents:

"Our officers, using their training and believing that their life and the life of the partners and the general public were in danger, used their training and fired weapons."

Judge Oetken was appointed by President Barack Obama in 2011. It is also not the first time he has ruled in favor of illegal aliens. Back in January, Oetken also issued an emergency ruling for an Ecuadorian man who had been detained at a court hearing, which prevented the federal government from moving him out of New York City as well. 

The Department of Homeland Security shows Belgal has arrests for assault, robbery, drug and weapons possession, and a prior conviction for grand larceny. He is also suspected of having ties to the Trinitarios street gang.

Mamdani Rejected Trump's Offer to Put ICE Shooting Target in NYPD Custody, According to DHS https://t.co/fm9eemn4zC https://t.co/Xm9P7pwAkl

— New York Post (@nypost) October 9, 2026

Editor’s Note: ICE and CBP continue to put themselves in harm's way in order to protect America’s sovereignty and to keep our streets safe. 

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