New York Man Shot by ICE Appears in Court as Accounts of Shooting Differ

An empty immigration courtroom with a video screen prepared for a remote court appearance.Oscar Belgal appeared remotely Thursday before an immigration judge in Manhattan from the federal jail where his lawyers say he is being held.Oscar Belgal appeared remotely Thursday before an immigration judge in Manhattan from the federal jail where his lawyers say he is being held.

Oscar Belgal, a 28-year-old New York man shot by federal immigration officers, appeared by video Thursday before an immigration judge in Manhattan. His lawyers say he is held in solitary confinement, has no phone access to contact family, and needs surgery to remove a bullet from his neck. DHS officials say officers fired after Belgal struck two government vehicles and accelerated toward them; his lawyers allege a different sequence, and released security footage does not conclusively resolve the dispute. Belgal’s next immigration hearing is scheduled for Oct. 29, and his lawyers have filed a separate federal petition seeking his release. The immigration judge said she has no authority over his placement inside the jail.

TLDR: A Manhattan immigration hearing left disputed accounts of the shooting and Belgal’s jail conditions unresolved. His next hearing is set for Oct. 29, while a separate federal petition asks a judge to order his release.

Oscar Belgal, a 28-year-old New York man who was shot by federal immigration officers, appeared Thursday before an immigration judge in Manhattan. He joined the brief hearing by video from the federal jail where his lawyers say he is being held in solitary confinement. The hearing brought his detention and the disputed circumstances of the shooting into court, but it did not resolve either matter.

No official rationale for Belgal’s detention or the shooting is stated in the available account. The Department of Homeland Security has offered an account of why officers fired: officials say they believed their lives were in danger after Belgal struck two government vehicles and accelerated toward them. Belgal’s lawyers describe a different sequence of events.

Belgal said little during the hearing. His injury was not apparent on the video feed, but his lawyers say a bullet remains lodged in the back of his neck and that he needs surgery to have it removed. The account does not state when the surgery may take place or who will decide its timing.

Belgal, a native of the Dominican Republic, tried to tell Judge Dara Reid something about his conditions at the jail. His lawyer advised him not to speak and cut him off. The brief exchange offered a limited view of the conditions being disputed, rather than a full account from Belgal himself.

Karene Brown of the Legal Aid Society told the judge that Belgal is held at the Metropolitan Detention Center in Brooklyn under 24-hour lockdown. Brown said he has no access to a phone to speak with his family. She also told Reid she had asked Immigration and Customs Enforcement to move him out of solitary confinement, but ICE had not honored the request by the time of the hearing.

Reid said she has no authority over where Belgal is placed within the facility. The judge’s statement marked a limit on what the immigration court could address during the session. The detention conditions remain contested, while the court hearing itself did not provide a change in his placement.

The shooting occurred Oct. 8, after Belgal picked up his five-year-old son from school and was trying to find a parking spot. The child was in the car when, according to the account filed by Belgal’s lawyers, an ICE officer ran up and smashed a window. In a court filing Wednesday, the lawyers said the officer then fired several shots into the vehicle as Belgal tried to drive away.

The lawyers also said the officers wore masks and civilian clothes and did not identify themselves. Those details are allegations in the lawyers’ account. They differ from the version described by DHS officials, who say officers opened fire only after Belgal hit two government vehicles and accelerated toward them, leading the officers to believe their lives were at risk.

Video has not settled the central dispute. New York City police security-camera footage released last week shows part of the encounter, but it does not conclusively establish how the shooting happened. The available account does not describe additional evidence that resolves the competing descriptions. The officers’ actions and Belgal’s conduct therefore remain matters of conflicting accounts in the information available so far.

The detention has a separate court track. Belgal’s lawyers have filed a petition in federal court seeking his release. The immigration judge said she could not determine his placement within the jail, and the hearing did not decide the federal petition. The account does not give a date for a ruling on that request.

The practical effects are clear in some respects and unspecified in others. Belgal appeared remotely from jail, his lawyers report that he is in solitary confinement and unable to call family, and they say he needs surgery to remove the bullet. The next immigration court hearing is scheduled for Oct. 29, and his lawyers have separately sought release in federal court. The account identifies no fees, required forms beyond the court filing, or compliance deadline beyond that hearing date.

The next steps are the Oct. 29 immigration hearing and the federal court’s consideration of the release petition. The available account does not specify a separate investigation timetable or oversight process for the shooting. Those proceedings will provide the next formal opportunities to address Belgal’s custody and the case’s unresolved claims; their outcome is not established by Thursday’s hearing.

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