Federal Judge Bars ICE from Deporting Oscar Belgal or Moving Him Outside New York and New Jersey
A federal judge in Manhattan, U.S. District Judge J. Paul Oetken, has issued an order preventing the government from deporting Oscar Belgal, a 28-year-old man who was shot by an ICE officer in Marble Hill. The order also prohibits moving Belgal outside New York City, Long Island, the lower Hudson Valley, and New Jersey while his habeas petition is being heard. This decision does not determine the legality of the shooting or Belgal's detention but temporarily settles the question of his location and the court jurisdiction for his case. Belgal's lawyers filed a petition claiming ICE arrested him without a warrant, did not initiate removal proceedings with a Notice to Appear, and that the shooting, which occurred with his 5-year-old son in the car, violated his due process rights. The government stated Belgal was moved out of state due to his 'lengthy criminal history and known fleeing,' and he has been transferred multiple times between New Jersey and Brooklyn facilities.
