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Man shot by ICE in NYC's Marble Hill said federal officers never identified themselves


By

Arya Sundaram

and

Samantha Max

Published Oct 14, 2026

Modified Oct 14, 2026


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A wounded Oscar Belgal is detained by Immigration and Customs officers on Oct. 8, 2026, in the Marble Hill section of Manhattan. Belgal, driving a silver SUV with his 5-year-old son also in the vehicle, was shot in the neck while being taken into ICE custody.

 

Image obtained by Gothamist


By

Arya Sundaram

and

Samantha Max

Published Oct 14, 2026

Modified Oct 14, 2026


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The man shot and wounded by federal immigration agents in Marble Hill last week says that he didn’t know that the men who ambushed and shot him were U.S. Immigration and Customs Enforcement agents until he later woke up in the hospital.

A new petition filed in Brooklyn federal court on Oscar Belgal's behalf includes key details that contradict the Trump administration’s version of the events. Belgal claims in the filing on Wednesday that the ICE agents involved — many of them masked — didn’t identify themselves before approaching his vehicle with firearms drawn.

“The men did not identify themselves, show any documents or otherwise communicate with Oscar in any substantive way,” according to the filing. Last week, U.S. Secretary of Homeland Security Markwayne Mullin told reporters that the agents identified themselves as they approached Belgal’s vehicle in the Oct. 8 encounter on a busy street. “ There was no question he would've known who was approaching,” Mullin said.

The petition also says that Belgal “vehemently denies” any relationship to any gang or organized criminal group. Top ICE and DHS officials claimed Belgal was part of the Trinitarios gang, and said that is why he was targeted for arrest.

The petition also states that Belgal, a 28-year-old Dominican immigrant, received no aid from the federal agents, even as he pleaded for medical assistance. The petition states that Belgal was not trying to ram his vehicle into officers. Federal officials claimed Belgal was fired upon after he “weaponized his vehicle” and tried to ram into officers.

A spokesperson for the Department of Homeland Security said in a statement that Belgal’s arrest was justified because he was in the country without authorization, and that Belgal disobeyed ICE agents' commands during the incident and fled from law enforcement. The government was given a Monday deadline to respond.

The petition advocating for Belgal’s immediate release from ICE custody replaces a previous petition filed on Belgal’s behalf in Manhattan shortly after his arrest.

The new petition provides the clearest picture yet of Belgal's version of the events. Moments before he was shot, Belgal had picked up his 5-year-old son from school and taken him to McDonald’s for a snack, according to the petition.

Belgal parked in a spot near his Marble Hill home, but he began to pull out as he realized it was in front of a fire hydrant, the petition states. That’s when an armed man dressed in civilian clothing and wearing black face coverings “bolted toward his vehicle,” according to the new court filing. Several other men followed, wearing masks and holding weapons.

The men — who Belgal said he only later learned were ICE agents — did not appear to be law enforcement or identify themselves as immigration agents, the petition states. They did not present him with an arrest warrant, say his name or provide any other substantive explanation for the encounter as they confronted him through his partially rolled-down car window, the filing states. One of the agents pointed a weapon inside the car, leaving Belgal “terrified” for his and his son’s lives, according to the filing.

Belgal’s attorneys said in the petition that one officer struck the driver’s side window and shattered the glass, which exploded on Belgal’s face and arm. The agent then fired at least seven shots into the car while Belgal’s son “cowered in the back seat,” according to the petition.

Marcos Charles, the executive associate director of ICE’s Enforcement and Removal Operations wing, last week alleged that Belgal “weaponized his vehicle” against the agents as they tried to arrest him. But in the new filing, Belgal’s attorneys said video footage “clearly shows” that he was trying to pull his car forward, where no officers were stationed at the time, to get away from the officer who was shooting into his vehicle. The attorneys said another car then “careened from behind and blocked the path.”

After a bullet hit Belgal in the neck, he got out of his car and “pleaded for medical assistance, fearing that he was dying,” the filing states. His son screamed that the masked men had killed his father, according to the petition.

The petition states the officers threw Belgal down, handcuffed him, pinned him to the car and left him slumped over as he faded in and out of consciousness, rather than providing medical aid. It also accuses ICE agents of failing to take any steps to get him to a hospital — noting that it was NYPD officers who took him to get medical care.

Belgal didn’t realize until he woke up in the hospital that the men who confronted him with guns drawn were immigration agents, his attorneys said. In his hospital bed, ICE officers handcuffed him, according to the petition.

Doctors told Belgal that he needed surgery to remove the bullet and that he should come back for surgery the next week, the filing states. After his release from the hospital, immigration officials took him to New Jersey for the night, then to the Metropolitan Detention Center in Sunset Park, his attorneys said.

Last week, a federal judge ordered that Belgal not be removed from the country or transferred outside of the New York City metro area or New Jersey for the time being.

While in ICE detention, Belgal "replays the traumatic events of Oct. 8 over and over in his memory, with his son’s hysterical cries ringing endlessly in his head,” the petition states.

Belgal's son didn't speak for several days after seeing his father shot, and suffers daily from nightmares, according to the petition.

This story was updated with additional information.

Tagged

Race And Justice Unit

immigration and customs enforcement

marble hill

new york city

public safety


Arya Sundaram

Twitter

Arya is a reporter covering race and justice. Got a tip? Email: [email protected] or reach Arya on Signal at 512-650-8767.

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Samantha Max

Samantha reports on whether New Yorkers feel safe and whether the institutions that are supposed to protect them are working. Before coming to WNYC/Gothamist, she spent three years covering the criminal justice system in Tennessee for Nashville Public Radio. Her reporting on Nashville's police department received multiple awards, including the Daniel Schorr Journalism Prize. Samantha was also part of the inaugural class of Report for America, a service journalism program that sends up-and-coming reporters to local newsrooms across the country. She is a Northwestern University grad, a Baltimore native and fluent in Spanish. Got a tip? Email [email protected] or Signal: samanthamaxwnyc.93.

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Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


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