Judge J. Paul Oetken, appointed by former President Barack Obama, has blocked the immediate deportation of Oscar Bergal, a 28-year-old illegal immigrant with a criminal history, who was shot by an ICE agent in New York City. The judge's ruling came after Bergal survived being shot in the neck during an enforcement operation targeting him and his alleged gang affiliations. Bergal had been arrested on charges related to grand larceny, assault, robbery, and connections to the Trinitarios gang. Protests against ICE activities followed the incident, with socialist Mayor Zohran Mamdani leading demonstrations.
Written locally by qwen2.5:14b on 2026-10-09,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Story summary
On Thursday afternoon, around 4 p.m. in the Marble Hill neighborhood of the Bronx, a person was shot during an interaction with Immigration and Customs Enforcement (ICE) agents. The NYPD reported that the victim was conscious and taken to a nearby hospital, where they were receiving medical attention; their injuries are not considered life-threatening.
Multiple law enforcement sources indicated ICE agents had been attempting to take someone into custody when another individual, who was not the intended target, was shot. Video footage showed several federal agents at the scene, with one restraining an individual on the ground and a car with a bullet hole in its windshield.
New York Governor Kathy Hochul called for full transparency from federal authorities regarding the incident, stating that New Yorkers deserve to know what transpired. Eyewitnesses reported seeing ICE agents posing as construction workers prior to the shooting, which occurred near West 225th Street and Marble Hill Avenue.
The shooting took place days after local officials urged property owners to prohibit ICE agents from using a nearby parking lot for enforcement activities.
Written for “ICE Shooting NYC” on 2026-10-10,
grounded in this article and the 60 other(s) covering the same event.
A federal judge appointed by former President Barack Obama has blocked the deportation of a criminal illegal migrant who was shot by an immigration and customs enforcement (ICE) agent in New York City.
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who → appoint → City
Judge J. Paul Oetken ruled on Friday that Oscar Bergal, 28, cannot immediately be deported back to the Dominican Republic after he survived the shooting in the Bronx on Thursday.
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he → rule → Thursday
According to the Department of Homeland Security, Bergal is an illegal immigrant with a lengthy criminal history, including arrests for grand larceny, assault and robbery, and known affiliations with the Trinitarios gang.
uncertain
Bergal → accord → gang
Federal agents were reportedly targeting Bergal as part of an enforcement operation in New York City, including probing the Trinitarios gang's involvement in a moped shooting in the city.
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agents → target → city
After Bergal was shot on Thursday, he was taken to hospital with non-life threatening injuries, and officials said he has since been released and is being detained by ICE.
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he → shoot → ICE
With Bergal in custody, the migrant's attorneys filed a challenge to his detention, and Judge Oetken subsequently ruled that Bergal cannot be removed from the United States while that challenge is pending.
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challenge → file → States
The judge said he was making the ruling 'in order to preserve the court's jurisdiction', as he also restricted Bergal's transfers to only include facilities in the Southern or Eastern Districts of New York.
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he → say → York
The order comes after Bergal's shooting sparked outrage in New York City, as thousands joined protests against ICE's activities in the Big Apple led by socialist Mayor Zohran Mamdani.
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thousands → come → Mamdani
On Thursday, agents with Immigration and Customs Enforcement (ICE) shot alleged illegal immigrant Oscar Belgal, 28, in New York City.
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agents → shoot → City
Bergal is an illegal immigrant with a lengthy criminal history, including arrests for grand larceny, assault and robbery, and known affiliations with the Trinitarios gang, according to the DHS
Judge J. Paul Oetken ruled on Friday that Bergal cannot immediately be deported back to the Dominican Republic after he survived the shooting in the Bronx
Details of how Bergal was shot are still unfolding, with officials saying an ICE agent discharged his weapon during an enforcement raid at around 4pm on Thursday.
uncertain
agent → include → Thursday
Bergal was struck in the neck, as his five-year-old son sat in the backseat of his car nearby.
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son → strike → car
ICE officials alleged on Friday that Bergal was shot because he 'weaponized his vehicle' and drove it at agents.
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he → allege → agents
Marcos Charles, the executive director of ICE removal operations, said the government would pursue criminal charges against Bergal, and said ICE 'will continue to try to remove him from this country as quickly as possible following his charges.'
When Bergal was released from hospital hours after the shooting, his attorney's said a fleet of ICE vehicles quickly transferred him to an unknown location, and they have not been able to get hold of him since, reports Courthouse News.
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News → say → him
Bergal's attorneys said in a court filing on Friday morning that they had 'grave concerns for his health and well-being', and said his name was not appearing on ICE's online detainee portal.
New York City Mayor Zohran Mamdani called ICE 'rotten to the core' after agents opened fire on an illegal immigrant in the Bronx on Thursday
Protesters marched through the streets of the Bronx demanding ICE leave the city
Despite Oetken's ruling requiring Bergal to remain within the Southern and Eastern Districts of New York, it appears that ICE officials may have already moved him outside the jurisdiction.
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officials → say → jurisdiction
Charles said on Friday morning that 'because of Bergal's lengthy criminal history and known fleeing, we placed him in a detention facility outside of the state of New York.'
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we → say → York
It is unclear where he was moved to, and the Daily Mail has contacted ICE for comment on the case.
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Mail → move → case
Bergal had previously been arrested on a robbery charge in 2023, later pleaded guilty to grand larceny and was sentenced to probation.
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Bergal → arrest → probation
He was later arrested on a drug-sale charge that hasn’t yet been resolved, and pleaded not guilty in the drug case.
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that → arrest → case
At a protest on Thursday evening, anti-ICE activists clashed with law enforcement in the Bronx, as Mamdani led condemnations over the shooting.
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Mamdani → clash → shooting
'This city wants ICE out,' the mayor declared as the protests raged.
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protests → want → ?
'All they do is terrorize this city.
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they → do → city
'
'There is no justification for what we've seen today,' he added.
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he → be → what
Mamdani described the incident as 'unconscionable and incredibly serious' in a social media post, adding that his 'thoughts are with the injured New Yorker and his family tonight.
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thoughts → describe → Yorker
We are praying for his recovery.'
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We → pray → recovery
The mayor said he later spoke with President Donald Trump and DHS Secretary Markwayne Mullin to demand that ICE agents be removed from the city, but his efforts were unsuccessful.
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efforts → say → city
Bullet holes could be seen in the back of the migrant's SUV
Outraged residents gathered at the scene Thursday night to protest ICE's presence in the city
'
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residents → see → city
Now I made clear to the president, to the secretary, our request [is] that ICE agents leave the scene entirely — as well as the demand that ICE stop its enforcement actions in New York City,' he said.
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he → make → City
'We know, and I have said this directly, whether to the president or to the public, ICE undermines public safety.
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ICE → know → safety
It makes us less safe,' he argued.
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he → make → ?
Mamdani also said he tried to negotiate Belgal's release from custody, but the man had been 'whisked away' from the hospital moments before the mayor's press conference.
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man → say → conference
'Let me say this plainly, what happened today was an outrage,' Mamdani said.
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Mamdani → let → this
New York Governor Kathy Hochul also revealed on social media that she had spoken with Trump and Mullin about the shooting.
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she → reveal → shooting
'I expressed outrage on behalf of New Yorkers and urged them to halt ICE enforcement operations in New York,' she wrote.
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she → express → York
'I also asked that any body camera footage of the shooting be released to the public so we can establish the facts and get to the truth.'
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we → ask → truth
The Aporia
