Federal Judge Blocks Deportation Of 28 Year Old NYC Man Shot By ICE Agents Thursday: Who Is Oscar Belgal, And What Are The Circumstances Surrounding His Case?

A federal judge has issued an emergency order blocking the deportation of a 28-year-old undocumented man from the Dominican Republic who was shot in the neck by federal immigration agents on Thursday during a chaotic morning arrest attempt in Upper Manhattan.

The man, identified in court documents as Oscar Belgal, remains in federal custody at the Metropolitan Detention Center in Brooklyn with a bullet fragment still lodged near his spine, according to his attorneys.

The incident, which took place on Thursday, October 8 on Marble Hill Avenue, has ignited fierce local protests, drawn sharp condemnation from neighborhood residents and local officials, and re-ignited an ongoing national conversation about ICE operations in American cities.

ICE operatives wearing plainclothes agents and construction vests and face masks approached and ultimately opened fire into a vehicle while Belgal’s 5-year-old son was sitting in the backseat. The child was physically unharmed but left deeply traumatized, family members said.

A Confrontation in Marble Hill

According to internal Department of Homeland Security (DHS) records and statements from U.S. Immigration and Customs Enforcement (ICE), the shooting occurred during a targeted operation by an ICE special operations team.

Federal authorities allege that when agents attempted to block Belgal’s Honda SUV, he refused commands to exit, “weaponized” the vehicle, and accelerated toward an agent. One agent fired seven rounds into the car, striking Belgal beneath his left ear. ICE officials later stated they had no prior knowledge that a young child was in the vehicle.

However, neighbors and local leaders disputed the federal timeline, and also argued that the agents’ disguises made it impossible for Belgal to know he was being approached by law enforcement.

“They looked like construction workers, not police,” said neighborhood resident Luis Torres, who witnessed the aftermath. “Anyone would try to drive away if armed men in masks surrounded their car with their kid inside.”

Criminal History vs. Community Roots: Who Is Oscar Belgal?

The Trump administration has pointed heavily to Belgal’s criminal history to justify the high-stakes enforcement action. DHS Secretary Markwayne Mullin alleged that Belgal is a member of the Trinitarios gang and has a history of fleeing law enforcement, including a previous escape from ICE agents on September 18.

Public records show Belgal pleaded guilty to fourth-degree grand larceny following a 2023 robbery arrest and was serving five years of probation. He also faces a pending February 2025 drug case involving the alleged sale of controlled substances, to which he has pleaded not guilty. According to federal records, Belgal has explicitly denied any gang affiliation.

Belgal is a father of two. He has a 5-year-old son who was in the backseat during the shooting, and a 1-year-old child. According to his son’s mother, Arianna Montero, the 5-year-old has been severely traumatized by witnessing the shooting.

Specific details about the exact date or year Oscar Belgal entered the United States have not yet been publicly released by Immigration and Customs Enforcement (ICE) or his legal defense team. His arrest record dates back to 2023, and his oldest child–who was born in the United States–is 5 years old.

In Marble Hill, where Belgal has lived for years, neighbors described a different man than the one described by Secretary Mullin: A father of two who was a fixture on the block, often seen playing Hip Hop music and volunteering to fix friends’ cars on the street.

The community has organized massive protests in support of Belgal, as the case continues to generate both national and international headlines.

The Political Battle

The political debate over ICE has only intensified in the aftermath of the shooting and arrest of Belgal.

In a Friday press conference, Homeland Security Secretary Markwayne Mullin defended ICE operations, including the shooting of Belgal. He also trashed New York City Mayor Zohran Mamdani, who has consistently criticized ICE activities in his city and nationwide; the mayor has also slammed the Belgal shooting.

Mullin went on to call Belgal a “thug”, and a “possible murderer”.

“The public outcry should be also toward this criminal, this thug, this gang-banger, this possible murderer,” Mullin said. 

Legal Battle Escalates

Attorneys from The Legal Aid Society and Make the Road New York filed an emergency petition late Wednesday in support of blocking Belgal, arguing that deporting him would violate his due process rights and effectively cover up an instance of excessive federal force.

Late Thursday, a federal judge granted a temporary restraining order, legally barring the government from removing Belgal from the United States while the lawsuit proceeds.

Advocates are now calling for the immediate release of the medical records from Belgal’s brief hospitalization, as well as an independent investigation into the agent who fired the shots. ICE’s Office of Professional Responsibility is currently reviewing the incident.

Belgal’s legal support is being led by multiple advocacy organizations, which have reported that he remains in severe pain as a bullet or bullet fragment is still lodged in his neck.