A US federal judge has issued a temporary halt to the deportation of a Venezuelan man who immigration agents shot in Texas.
Wilber Rafael Garces Perez, 28, is currently being held at an immigration detention centre. His lawyer, Kate Lincoln-Goldfinch, says he still has a bullet lodged in his back.
Judge Orlando Garcia has ordered Garces Perez to appear in court in person on 30 September. His lawyer says the ruling means he cannot be deported before the hearing.
Lincoln-Goldfinch filed a federal lawsuit seeking an order to stop the deportation while the case is considered. She said the court ruling was an important step but added that her client still needs proper medical treatment.
Garces Perez suffered a gunshot injury that fractured his clavicle, a bone connecting the shoulder to the chest. He is wearing a sling and has experienced significant swelling and pain. His lawyer said doctors have not yet determined the full extent of his loss of movement.
The US Department of Homeland Security (DHS) has disputed several claims about the man’s treatment. DHS said Garces Perez was involved in a targeted vehicle stop and had an expired work permit.
DHS also said he had received medical care around the clock. The department rejected claims that he had been denied pain medication or forced to sleep on the floor.
Garces Perez’s lawyer has given a different account of his treatment in detention. She said he was handcuffed, shackled and placed in a waist chain during a transfer despite his injuries. She also said his communication privileges were removed and that he was moved from an infirmary to an isolated room.
Police body-camera and dashcam footage released by the Austin Police Department shows officers at the scene after the shooting. The footage does not capture the shooting itself. However, one clip captures the sound of gunshots.
The incident has led to calls for an independent investigation. Texas Democratic Congressman Joaquin Castro has also called for Garces Perez to be released from detention.
According to his lawyer, Garces Perez was working as a DoorDash delivery driver when an unmarked black truck hit his car. She said he did not know it was an ICE vehicle and made a U-turn. Immigration agents exited the car and shot him after hitting it again.
DHS has defended the actions of its officers and said ICE will continue its immigration enforcement operations in Austin. The case is expected to receive further attention when Garces Perez appears before the judge on 30 September.
