October 15, 2026 NEW YORK, NY A high-stakes federal court battle has erupted in New York after masked immigration agents opened fire on a father sitting in his car with his 5-year-old child, leaving a bullet lodged in the man's neck—and triggering a fiery showdown with a federal judge.

U.S. District Judge Hector Gonzalez issued a stern order directing federal prosecutors to explain by 10 a.m. Monday, Oct. 19, why 28-year-old Oscar Belgal remains locked away without the urgent surgery doctors recommended. In the meantime, the court has officially blocked federal authorities from deporting Belgal or shipping him out of New York while his legal team fights for his freedom and his life.

The court order follows a explosive 58-page habeas corpus petition filed by the Legal Aid Society, revealing terrifying details of the Oct. 8 shooting in Marble Hill, severe allegations of medical neglect, and claims that federal agents carried out an entirely illegal arrest.

Seven Shots, a Bullet in the Neck, and a Traumatized Child

The horrific encounter unfolded near West 225th Street and Marble Hill Avenue. Belgal had just picked up his 5-year-old son from school and stopped at McDonald’s before heading home. As he pulled out of a parking spot, several masked men in civilian clothing approached his vehicle with guns drawn.

According to court filings:

  • No Warrant, No Warning: The masked agents failed to identify themselves or show a warrant before one officer shattered the driver’s side window and opened fire.

  • Hail of Bullets: Agents fired at least seven shots into the vehicle while Belgal’s 5-year-old son sat in the back seat. One bullet struck Belgal directly in the neck.

  • Handcuffed Instead of Treated: Belgal got out of the car seeking medical aid, only to be slammed to the ground and handcuffed by ICE personnel.

It was NYPD officers—not ICE agents—who ultimately helped load Belgal into an ambulance bound for NewYork-Presbyterian Allen Hospital. While emergency doctors managed to stop the bleeding, they determined that removing the bullet required immediate specialized surgery and ordered him to return the following week.

Instead of receiving surgery, Belgal was seized by ICE, whisked across state lines to New Jersey, and dumped at the Metropolitan Detention Center (MDC) in Brooklyn on Oct. 9.

Today, the 28-year-old father remains trapped in a segregated unit, suffering from facial numbness, impaired hearing, and excruciating pain treated only with basic ibuprofen. His 5-year-old son, who miraculously escaped physical harm, stopped speaking for days following the horrific violence and continues to endure terrifying nightmares.

"Unlawful From Its Inception"

Attorneys with the Legal Aid Society maintain that federal agents operated completely outside the law during the violent encounter.

Court documents show ICE failed to issue a Notice to Appear—the standard document charging someone with removal—until Oct. 9, the day after the shooting occurred. Defense lawyers argue agents possessed no valid administrative arrest warrant and lacked any legal justification for an warrantless arrest.

"Mr. Belgal’s detention was unlawful from its inception. ICE officers shot him in the neck in front of his five-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 said in a joint 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."

The petition demands Belgal's immediate release or a bail hearing, an emergency hospital examination, and a total ban on transferring him out of the jurisdiction.

Shot in the Neck in Front of His 5-Year-Old Son: Federal Judge Demands Answers as ICE Refuses Surgery for Father Trapped in Notorious Jail
Attorneys for Oscar Belgal, the man shot by an ICE agent in Marble Hill last week, say he is living in deportable conditions.
Photo: NYPD body camera

Feds Defend Operation, Point to Gang Allegations

The Federal Bureau of Prisons declined to comment on Belgal’s condition citing privacy rules, but insisted it "does not deny any inmate necessary medical treatment or basic necessities."

Meanwhile, the Department of Homeland Security (DHS) pushed back aggressively, defending the operation and alleging Belgal is connected to the Trinitarios gang. DHS spokespersons highlighted Belgal’s April 2025 conviction for fourth-degree grand larceny (currently under appeal) and an August 2025 arrest involving drug charges.

DHS stated that agents previously attempted to arrest Belgal on Sept. 18 in the Bronx, but he fled the scene.

"Oscar Belgal should have NEVER been in the streets of New York, but it’s thanks to sanctuary politicians that ICE was forced to conduct a targeted operation to remove this criminal illegal alien from their community," a DHS spokesperson stated.

Belgal's attorneys vehemently deny all gang allegations, pointing out that ICE has offered zero evidence supporting these claims in court. They emphasize that Belgal has never missed a scheduled court date and argue that agents grossly violated federal use-of-force protocols by opening fire on an occupied vehicle containing a young child without identifying themselves or attempting to de-escalate the situation.

Notably, DHS failed to address whether agents held a valid warrant during the Oct. 8 shooting or explain why Belgal has been denied his recommended surgery.

The shooting remains under active investigation by Homeland Security Investigations and the FBI as the Monday deadline for federal prosecutors rapidly approaches.

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