New York man shot by ICE officers appears in immigration court

NEW YORK (AP) — A man who was shot by federal immigration officers in New York had his first hearing before an immigration judge Thursday, appearing remotely via video livestream from the federal jail where his lawyers say he is being held in solitary confinement.

Oscar Belgal, 28, barely spoke during the brief court session. His injury from the shooting wasn't apparent on the video feed, but his lawyers say he needs surgery to remove a bullet lodged in the back of his neck.

Belgal, a native of the Dominican Republic, tried to say something to the judge about his living conditions at the jail, but his lawyer advised him against it and cut him off.

Karene Brown, of the Legal Aid Society, said Belgal has been on 24-hour lockdown at the Metropolitan Detention Center in Brooklyn with no access to a phone to speak with his family.

She told Judge Dara Reid that she has asked Immigration and Customs Enforcement to move him from solitary confinement but it has so far not honored the request. Reid said she has no say in where he’s placed within the facility — the same jail holding former Venezuelan President Nicolas Maduro .

ICE officers confronted Belgal on Oct. 8 while he was trying to find a parking spot after picking his son up from school. The boy, age 5, was in the car when an ICE officer ran up and smashed one of the car windows.

In a court filing Wednesday, Belgal's lawyers said the ICE officer then fired several shots into the vehicle as Belgal attempted to drive away. The officers never identified themselves and wore masks and civilian clothes, the lawyers said.

Department of Homeland Security officials maintain the officers believed their lives were in danger and opened fire only after Belgal smashed his car into two government vehicles and accelerated toward them.

New York City police security camera footage released by the department last week shows some of the encounter but doesn’t conclusively show how the shooting happened.

Belgal’s next immigration court hearing is Oct. 29. His lawyers have also filed a petition in federal court seeking his release.

Associated Press reporter Valerie Gonzalez in McAllen, Texas, contributed to this story.