BREAKING UPDATE: Federal judge blocks DHS deportation of illegal alien criminal arrested by ICE in NYC

A federal judge has blocked the deportation of an illegal immigrant that was shot and injured on Thursday by ICE agents after DHS said that he weaponized his vehicle and accelerated of officers.

Judge J. Paul Oetken ruled on Friday that Bergal can't be removed from the US without a court order while he has a challenge against his detention pending.

The order also limits transfers and the judge wrote that it will "remain in effect unless and until it is vacated or modified."

Original story follows:

The Department of Homeland Security is set to deport an illegal immigrant that officials said is a criminal gang associate after the individual was shot and injured during an encounter with ICE officers on Thursday in New York City.

Officials said that 28-year-old Oscar Bergal refused to comply with orders and then attempted to ram ICE agents with his vehicle when he was shot and later taken to the hospital, according to Marcos Charles, the head of ICE’s Enforcement and Removal Operations division.

Charles said Bergal "accelerated his vehicle, smashing into two of our government ICE vehicles and then weaponized his vehicle and proceeded to accelerate going towards other officers."

"Our officers, using their training, and believing that their life and the life of the partners and general public were in danger, used their training and fired weapons. Mr. Bergal was struck by one of the bullets or fragments superficially in the neck. He stopped his vehicle. We arrested him, rendered first aid, and then took him to the hospital," he added.

Bergal's past charges include robbery, grand larceny, theft, armed with a deadly weapon, conviction, forcible theft, among others. He was previously sentenced to five years of probation in 2025. He is also the subject of an investigation connected to the shooting of a CBP officer in the Big Apple. "The gang that he runs with is known for theft using weapons and mopeds," Charles added.

"We will continue to put him and place him in removal proceedings, and we will continue to try to remove him from this country as quickly as possible, following his charges," officials said.

After the shooting took place on Thursday, socialist New York City Mayor Zohran Mamdani said that he was "angry" over the incident and suggested that the law enforcement officers are a danger to the community.

Following the reports of the shooting, there were anti-ICE agitators who took to the streets to block federal vehicles on Thursday evening.