A federal judge has temporarily blocked the deportation of Wilber Rafael Garces Perez, a 28-year-old Venezuelan national who was shot by an Immigration and Customs Enforcement officer in Austin, Texas. His attorney, Kate Lincoln-Goldfinch, said a federal lawsuit has been filed and that Perez must be present at a Sept. 30 hearing. Perez remains in need of medical treatment, with the bullet reportedly still lodged in his body. The shooting has prompted legal and political demands for an investigation and preservation of evidence.
| Article Subheadings | |
|---|---|
| 1) | Court order pauses deportation before September hearing |
| 2) | Attorney describes shooting and medical condition |
| 3) | Removal order and disputed notice are central to lawsuit |
| 4) | Officials and lawmakers seek continued access and evidence |
| 5) | Officer training and body-camera questions draw scrutiny |
Court order pauses deportation before September hearing
The temporary order applies to Wilber Rafael Garces Perez while his federal case proceeds. According to his attorney, the judge ordered Perez to appear at a hearing on Sept. 30, preventing immigration authorities from removing him from the United States before that date. The lawsuit was filed after Perez was shot during an ICE operation in Austin over the weekend.
Kate Lincoln-Goldfinch said the order gives the legal team time to pursue the case and protect Perez’s ability to participate in the proceedings. The ruling is temporary and does not resolve the underlying immigration or use-of-force questions.
Attorney describes shooting and medical condition
Perez was reportedly delivering a DoorDash order in Austin when he made a U-turn under a highway and was pursued by ICE agents. Lincoln-Goldfinch said a truck sideswiped his vehicle and that agents removed him from the car after he was shot in the back of the neck.
“For now, we have secured a temporary block on his deportation while his case moves forward,” Lincoln-Goldfinch wrote.
The attorney said Perez remains in significant pain and still has a bullet lodged in his body. She said he requires medical care and that her office will continue seeking protections for his rights. The reported sequence of events remains central to the federal litigation and any investigation into the shooting.
Removal order and disputed notice are central to lawsuit
Authorities said Perez had a final order of removal before the shooting. Lincoln-Goldfinch disputes how that order was issued, saying a notice for an immigration hearing was sent to Perez’s former address even though he had updated his address with the court.
That disagreement could affect whether Perez received proper notice and had a meaningful opportunity to appear in immigration proceedings. The federal lawsuit is intended to address the legal consequences of the order while also keeping Perez available for the Sept. 30 hearing and for matters connected to the shooting.
Officials and lawmakers seek continued access and evidence
Jose Garza, the Travis County district attorney, sent a letter to Department of Homeland Security Secretary Markwayne Mullin and ICE Director David Venturella requesting that Perez be allowed to remain in the United States while the shooting is investigated.
Greg Casar, a Texas member of Congress, and more than 100 other lawmakers also urged federal officials to release Perez from ICE detention so he could receive medical treatment. The lawmakers said Perez is a key witness and asked state authorities and law enforcement agencies to preserve evidence from the incident.
“Mr. Garces Perez is a key witness to this shooting, and given ICE’s history of obscuring the facts in similar investigations, he must not be removed,” the lawmakers wrote.
Officer training and body-camera questions draw scrutiny
The ICE officer who shot Perez was identified by officials as a new agency recruit with previous law enforcement experience, including work with the U.S. Border Patrol. The officer was not wearing a body camera during the shooting, according to federal law enforcement sources. ICE was expected to have all officers equipped with cameras by the end of September.
Records show the officer completed ICE’s 256-hour Deportation Officer Training Program in August 2025 and received additional operational and legal instruction in 2026. Training included firearms qualification, use-of-force scenarios, less-lethal tactics, field operations, warrantless arrests, escort procedures, expedited removal and custody procedures. The officer scored 99.2% on a pistol qualification, according to training logs. Federal authorities had not publicly provided a full account of the shooting.
| Number | Key Point |
|---|---|
| 1 | Perez cannot be deported before the Sept. 30 federal hearing under the temporary order. |
| 2 | His attorney says he needs medical care and still has a bullet lodged in his body. |
| 3 | Officials said Perez had a final removal order, while his attorney disputes whether he received proper notice. |
| 4 | Local and federal lawmakers are seeking access to Perez and preservation of shooting evidence. |
| 5 | The officer’s lack of a body camera has become a central issue in calls for accountability. |
Summary
The temporary deportation block keeps Perez in the United States until at least the Sept. 30 hearing and allows his legal team to challenge the removal order. His medical condition, the circumstances of the Austin shooting, the officer’s lack of a body camera and the preservation of evidence are expected to remain significant issues as the federal case and related investigation move forward.
Frequently Asked Questions
What did the federal judge order?
The judge ordered that Perez be present for a Sept. 30 hearing, temporarily preventing his deportation before the hearing.
Who is Wilber Rafael Garces Perez?
Perez is a 28-year-old Venezuelan national who was shot by an ICE officer in Austin while agents were pursuing him. Authorities said he had a final order of removal.
Why are lawmakers asking that Perez remain in the United States?
Lawmakers and local officials say Perez is a key witness to the shooting and should be available for medical treatment and for an investigation into what happened.
What is known about the ICE officer?
The officer was described as a new ICE recruit with prior law enforcement experience. Records show training in firearms, use of force, field operations and immigration enforcement procedures, and sources said the officer was not wearing a body camera during the shooting.
