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Immigration

Judge Bars the Deportation of a Man Shot By an ICE Agent in NYC

The court also ordered immigration agents not to move Oscar Bergal outside of New York or New Jersey.

ICE Shooting New York

Two New York City Police Department officers took Oscar Bergal to the hospital in a police car, according to police-worn body camera video released by the NYPD, from which this image was taken. (NYPD via AP)

By Jackie Llanos

October 9, 2026 03:17 p.m.

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A federal judge blocked the Trump administration from deporting a Dominican man shot by an Immigration and Customs Enforcement agent Thursday in New York City.

U.S. District Judge J. Paul Oetken also ordered ICE not to move Oscar Bergal, 28, whom law enforcement initially identified as Belgal, out of New York and New Jersey. Homeland Security Secretary Markwayne Mullin said during a press conference Friday morning that Bergal had been taken out of New York.

In the same petition for Bergal in federal court seeking a temporary restraining order, U.S. District Judge John Cronan ordered an in-person hearing Friday afternoon. He told the government to be prepared to discuss Bergal’s current location, his location when the petition was filed and other circumstances.

An ICE agent shot seven times at a car with Bergal and his 5-year-old child inside, striking the man in the neck, Jessica Tisch, New York Police Department’s commissioner, said during a press conference Thursday night.

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The shooting took place around 4 p.m. in Marble Hill, a northern Manhattan neighborhood. Two NYPD officers took Bergal to the hospital in a police car, according to body camera footage the department released Friday morning.

Attorneys from immigrant rights’ advocacy group Make the Road New York filed a petition in court seeking Bergal’s release.

New York City Mayor Zohran Mamdani said on Thursday he had spent two hours trying to negotiate Bergal’s release.

“Those negotiations were unsuccessful,” Mamdani said. “Just moments ago, ICE put the man in an unmarked vehicle and whisked him away.”

Author

AJI-Fellow2025_Jackie Llanos.png Jackie Llanos is a reporter at The Washington Sun and an Allbritton Journalism Institute fellow.

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