Federal Judge Halts ICE Deportation of Venezuelan Man Shot in Austin
A court has temporarily blocked removal of Wilber Rafael Garces Perez while investigating the September shooting by an immigration officer.
What to know
- A federal judge has temporarily blocked ICE from deporting Garces Perez pending a September 30 hearing, preventing the agency from removing him while local prosecutors investigate the shooting.
- The core dispute centers on how the September 20 encounter began: his attorneys say ICE officers sideswiped his delivery vehicle; DHS calls it a targeted stop where he resisted and attempted to evade.
- Body-camera footage released by Austin police shows Garces Perez injured in his vehicle but does not capture the moment the ICE officer fired, leaving the shooting's immediate cause unresolved.
- A second disagreement concerns his post-shooting treatment: his attorneys allege inadequate medical care and detention on a cement floor; DHS claims he has received around-the-clock care.
“Her client had been working as a DoorDash delivery driver when ICE officers traveling in an unmarked truck twice sideswiped his vehicle.”
Kate Lincoln-Goldfinch, Defense attorney · [your]NEWS ↗
Wilber Rafael Garces Perez Venezuelan national shot by ICE officerU.S. District Judge Orlando Garcia Federal judge presiding over caseKate Lincoln-Goldfinch Garces Perez's attorney
Department of Homeland Security Immigration enforcement agencyAustin Police Department Local law enforcement
How it unfolded 2 developments, newest first · click a bar or a number to jump articles
-
2
Federal judge temporarily halts deportation, orders September 30 hearing
U.S. District Judge Orlando Garcia issued a temporary restraining order blocking ICE from deporting Garces Perez and ordered him to appear in person at a hearing in San Antonio on September 30. The order came as his attorneys filed a habeas corpus petition and requested emergency release from custody. Local prosecutors warned that his removal could impede their investigation.
“A bullet remains lodged in his body and…he continues to experience significant pain.”
— Kate Lincoln-Goldfinch -
first by [your]NEWS, 3d ago
-
first by WSJ, 4d ago
-
-
1
Austin police release video of encounter and aftermath
Austin police released footage showing portions of the incident and its aftermath. Body-camera footage from responding officers shows Garces Perez injured in his vehicle, but the video does not capture the moment the ICE officer fired, leaving the trigger event unresolved. Police found no evidence of a foot chase.
-
background
DHS defends officer conduct, rejects detention allegations — The Department of Homeland Security issued a statement saying Garces Perez's resistance and evasion endangered officers and the public. DHS also rejected allegations that he slept on a cement floor and lacked adequate medical care, claiming he has received around-the-clock care.
-
background
Garces Perez returned to federal detention after second hospital visit — After being hospitalized twice following the shooting, Garces Perez was placed back in federal detention. Attorney Kate Lincoln-Goldfinch stated that a bullet remains lodged in his body and he continues to experience significant pain.
-
background
ICE officer shoots Venezuelan man during traffic encounter in Austin — An ICE officer shot Wilber Rafael Garces Perez, 28, during an encounter that began as a traffic stop in Austin, Texas. The circumstances immediately preceding the shooting remain contested: his attorneys say ICE officers twice sideswiped his vehicle while he was working as a DoorDash driver; DHS characterizes it as a targeted vehicle stop where Garces Perez attempted to evade arrest.