Judge denies medical release for NYC man shot by ICE
Archived — this story has rotated out of today’s deck. It is kept here in full.
The gist
A federal judge denied emergency release for Oscar Belgal, 28, shot in the neck by ICE in the Bronx.
The ruling keeps him detained while his lawyers say his health is deteriorating.
Background
Oscar Belgal is a 28-year-old undocumented immigrant from the Dominican Republic who was shot in the neck by ICE agents in the Bronx on Oct 8, 2026; his 5-year-old son was in the backseat and was unharmed. The Marble Hill shooting sparked massive protests amid broad concern about ICE's presence in the city. Belgal's lawyers at the Legal Aid Society sought his emergency release so he could get outpatient medical treatment, and a federal judge denied that request on Oct 23.
How it unfolded
- Oct 8, 2026ICE agents fired seven rounds into Belgal's silver Honda Civic SUV on Marble Hill Ave. near W. 225th St. in the Bronx; Belgal was shot in the neck and his 5-year-old son was in the backseat, unharmed.
- Oct 9, 2026Abuse of Power Watch posted that ICE agents shot a man in his car with a child also in the car, calling him at least the 25th person to suffer gun violence at the hands of federal immigration officers; Rep. Espaillat was denied by ICE when he tried to see the victim.
- Oct 23, 2026A federal judge denied a motion by Belgal's attorneys seeking his emergency release for medical reasons, court documents show.
Who’s saying what
- Support
- The Legal Aid Society, representing Belgal, argued release was necessary "to obtain the outpatient medical treatment he plainly requires" and that his "physical health is liable to degrade" in detention.
- Official
- Judge Hector Gonzalez ruled the defense failed to meet the "stringent" requirements for emergency release, citing a full evaluation at Brooklyn Hospital Center that found Belgal did "not need acute surgical or medical care at th[at] time and [did] not need specialized medical care while in custody."
- Caution
- The Legal Aid Society said the ruling "leaves Mr. Belgal in detention despite the concerns surrounding his deteriorating medical condition and raises serious questions about whether his health and basic human dignity are being given the weight they deserve."
- Official
- Department of Homeland Security officials said Belgal "weaponized his vehicle" and accelerated at ICE officers trying to take him into custody who were unaware of the child; DHS called him "a criminal illegal alien from the Dominican Republic."
- Public
- Mayor Mamdani called the shooting an "outrage" and ICE a "rotten" agency that works to "sow chaos and terror."
Still unverified
DHS Secretary Markwayne Mullin said Belgal is an associate of the Trinitarios street gang and may have "direct or indirect knowledge" of the shooting of a federal CBP officer in Fort Washington Park in Manhattan last year.