Lawyers for man shot by ICE say agents didn't identify themselves in Marble Hill shooting

Lawyers for the man shot by ICE agents in Marble Hill last week are seeking his release, arguing in a newly filed court petition that federal agents never identified themselves before opening fire.

The Legal Aid Society, which represents 28-year-old Oscar Belgal, filed the petition Wednesday.

According to the filing, attorneys claim agents failed to show documentation or communicate with Belgal before firing into the vehicle. Belgal's 5-year-old son was in the back seat at the time of the shooting.

The Department of Homeland Security did not comment on the new allegations Wednesday. However, DHS has previously said ICE agents fired their weapons because they believed their lives were in danger. The agency has also alleged that Belgal has ties to the Trinitarios gang.

Belgal's attorneys said he remains in urgent need of medical care.

"ICE officers shot him in the neck in front of his 5-year-old son, failed to provide him with immediate medical assistance, and now continue to hold him in a facility notorious for medical neglect," attorneys Perry McAninch and Elyssa Williams of The Legal Aid Society said in a statement. "With a bullet still lodged in his neck and his serious medical needs unmet, every additional day in custody puts him at further risk. The Court must intervene and order his immediate release."

Last Friday, a judge temporarily barred Belgal from being deported or transferred to any facility outside the Southern or Eastern Districts of New York or the District of New Jersey without prior court approval.

Belgal remains detained at the Metropolitan Detention Center in Brooklyn.