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US judge blocks deportation of DoorDash driver shot by ICE

September 22, 2026

A federal judge has temporarily halted the deportation of Wilber Rafael Garces Perez, a 28-year-old Venezuelan DoorDash driver who was shot by Immigration and Customs Enforcement agents in Texas and remains detained with a bullet lodged in his back. Judge Orlando Garcia has ordered Garces Perez to appear in court on September 30, effectively preventing his removal from the country until then. His attorney has filed a federal lawsuit seeking a temporary restraining order and claims her client has received inadequate medical care, experiencing significant pain, swelling, and loss of movement from a fractured clavicle.

Who is affected

  • Wilber Rafael Garces Perez (28-year-old Venezuelan DoorDash driver who was shot)
  • Kate Lincoln-Goldfinch (Garces Perez's immigration lawyer)
  • Judge Orlando Garcia (federal judge hearing the case)
  • ICE/Immigration and Customs Enforcement officers involved in the shooting
  • Department of Homeland Security and Secretary Markwayne Mullin
  • Detention facility personnel
  • Austin Police Department (responded to the scene)

What action is being taken

  • Judge Garcia has temporarily blocked the deportation and scheduled an in-person court hearing for September 30
  • Garces Perez is being held in a detention center
  • Lincoln-Goldfinch is fighting for her client's rights and medical care through a federal lawsuit
  • DHS is defending its actions and the medical care provided
  • Garces Perez's communication privileges have been revoked and he has been moved to an isolated room

Why it matters

  • This case highlights tensions between immigration enforcement and concerns about the use of force and treatment of detainees. The shooting of an individual during a routine immigration enforcement operation raises questions about the proportionality of force used by ICE agents and the adequacy of medical care provided to injured detainees. The dispute between the lawyer's allegations of inadequate treatment and DHS's claims of excellent care reflects broader debates about accountability and transparency in immigration enforcement. This incident follows a previous fatal ICE shooting in Houston, suggesting potential patterns in enforcement tactics.

What's next

  • Garces Perez is scheduled to appear in court in person on September 30, 2026
  • The federal lawsuit for a temporary restraining order will continue moving forward
  • Lincoln-Goldfinch will continue fighting for appropriate medical care for her client

Read full article from source: BBC

US judge blocks deportation of DoorDash driver shot by ICE