Judge temporarily blocks deportation of man shot by ICE agent in NYC's Marble Hill

A judge handed down an order temporarily barring the man who was shot by a U.S. Immigration and Customs Enforcement agent in New York City's Marble Hill neighborhood on Thursday from being deported.

Friday's order also bars federal agents from transferring Oscar Bergal to any facility outside the Southern or Eastern Districts of New York or the District of New Jersey without prior court approval.

Bergal, 28, was behind the wheel of his vehicle with his 5-year-old son in the back seat when plainclothes ICE agents approached the car with guns drawn. Surveillance video shows the vehicle moving forward before the Department of Homeland Security says an agent opened fire, striking Bergal in the neck.

The child was not injured.

Video shows New York City police officers, who were not involved in the shooting, responding to the scene and transporting Bergal to the hospital themselves.

Bergal was initially taken from the hospital to a detention center in New Jersey before being moved to the Metropolitan Detention Center in Brooklyn.

DHS says agents were conducting a targeted enforcement operation to arrest Bergal, who they say is from the Dominican Republic, in the U.S. illegally and has ties to the Trinitarios gang.

The NYPD says Bergal has a criminal conviction for grand larceny in 2023 and multiple prior arrests for assault, robbery, and weapons possession. Court documents show he was most recently arrested in August 2025 for allegedly selling cocaine and fentanyl in Manhattan and was out on supervised release.

At a news conference Friday, DHS officials defended the shooting, saying Bergal refused orders to exit his vehicle and the agent didn't know there was a child in the back seat when he opened fire.

Bergal's attorney claim he was arrested without a valid warrant and are petition for him to be released from federal custody.