Man shot during ICE encounter in NYC still has bullet lodged in neck, attorneys say

Oscar Belgal was shot during an encounter with Immigration and Customs Enforcement officers in Manhattan. The shooting happened inside his SUV while his 5-year-old son was in the back seat. His attorneys say the officers were trying to arrest him and did not identify themselves before firing.

According to the Legal Aid Society petition, a bullet is still lodged in Belgal’s neck. The left side of his face remains numb, and he struggles to hear with his left ear. The petition says he describes sounds as distant. It also says he is receiving only ibuprofen for pain.

Belgal remains held at Brooklyn’s Metropolitan Detention Center in a segregated unit, attorneys allege. Federal prosecutors are seeking his removal from the United States. Judges have temporarily blocked deportation and certain transfers while the court considers his detention and legal claims.

The SUV carried two people during the encounter: Oscar Belgal and his 5-year-old son. The child was in the back seat after Belgal picked him up from school and stopped at McDonald’s for a snack. The child’s presence is central to the attorneys’ account of the shooting.

Surveillance footage shows two officers in plainclothes approaching the parked SUV with guns drawn. The video does not make clear what they were saying. It shows Belgal reversing, then driving out of the parking space as one armed man punches and breaks the driver’s-side window.

The footage provides a visual account, but it does not resolve every disputed detail. Belgal’s attorneys say a masked man fired into the car without identifying himself. The Department of Homeland Security says Belgal weaponized his vehicle while agents tried to box him in.

Immigration and Customs Enforcement, commonly called ICE, is a federal agency within the Department of Homeland Security. It enforces immigration laws inside the United States. Its work includes investigating immigration violations, arresting some noncitizens, holding people in detention, and carrying out or arranging removals from the country.

The article places ICE at the center of Belgal’s arrest. His attorneys allege that ICE agents arrested him without a warrant and failed to identify themselves before the shooting. Surveillance footage shows two armed men in plainclothes approaching his SUV. The Department of Homeland Security gives a different account of the encounter.

After the arrest, Belgal was held at the Metropolitan Detention Center in Brooklyn, according to the petition. Federal prosecutors are seeking to remove him from the United States. Court orders temporarily restrict deportation and certain transfers while judges examine his detention and legal claims.

The confrontation has three competing descriptions. Surveillance footage shows Belgal parked in his SUV while two plainclothes officers approach with guns drawn. It shows him reversing and then driving away as one armed man punches through the driver’s-side window. The video does not clearly reveal what the men were saying.

Belgal’s attorneys provide a more detailed account in their court petition. They say masked agents surrounded the vehicle, one man failed to identify himself, shattered the window, and began firing a pistol into the car while Belgal’s son hid in the back. They also say Belgal had been correcting his parking near a hydrant.

The Department of Homeland Security disputes that framing. It alleges Belgal had gang associations and a criminal record, and says he “weaponized his vehicle” when agents tried to box him in. Belgal denies gang involvement, and his attorneys say ICE has offered no evidence.

The judges’ orders pause major government actions against Belgal while his case proceeds. A Wednesday order bars the administration from deporting him or transferring him outside the Southern District of New York, the Eastern District of New York, or the District of New Jersey. A different judge issued a similar deportation block the previous week.

These orders preserve the court’s ability to review Belgal’s claims before he is removed from the country or moved beyond the courts’ reach. They also limit where the government may transfer him. The orders are temporary, so they do not decide whether Belgal ultimately can be deported or how his case will end.

Judge Hector Gonzalez additionally asked the government to explain why Belgal qualifies for mandatory detention. The question follows recent rulings, including one by Gonzalez, limiting detention without bond or consideration of individual circumstances. The article does not say that Belgal has been released.

A habeas petition is a court filing that asks a judge to examine whether someone is being held lawfully. In immigration cases, a detained person can use it to challenge continued custody, the legal basis for detention, or the government’s failure to follow required procedures. The court may order explanations or impose limits while reviewing the case.

Belgal’s attorneys filed a habeas petition through the Legal Aid Society. They allege that ICE arrested him without a warrant and that he remains detained with a bullet lodged in his neck. They describe numbness, hearing problems, ibuprofen-only pain treatment, and confinement in a segregated unit.

The filing helped bring the detention dispute before a federal judge. Judge Hector Gonzalez temporarily blocked deportation and certain transfers, then asked the government to explain mandatory detention. The petition does not automatically release Belgal. Its role is to seek judicial review of whether his custody and treatment comply with the law.

The government may arrest, detain, and seek to remove a noncitizen under immigration law. But detention and deportation are subject to court review and procedural protections. Those protections help ensure that the government follows legal requirements and that a person can contest the case against them. The exact rules depend on the person’s circumstances and the stage of the case.

Belgal’s case illustrates the tension. His attorneys allege a warrantless arrest and challenge his detention through a habeas petition. Federal prosecutors seek his removal, while Homeland Security alleges gang associations, a criminal record, and vehicle-related conduct. Belgal denies gang involvement, and his attorneys say the government has provided no evidence.

Judge Hector Gonzalez temporarily blocked deportation and certain transfers. He also asked why Belgal should face mandatory detention despite recent rulings emphasizing bond or individualized circumstances. The article does not give a final decision. Further proceedings will determine whether detention continues and how the removal case proceeds.