Wilber Rafael Garces Perez remains in ICE custody at the South Texas ICE Processing Center after being transferred from the hospital, with the bullet still lodged in his back. New reporting also says the ICE officer involved in the shooting is on administrative leave as investigators examine the case.
- Garces Perez has reported significant pain and loss of movement on his left side while detained.
- Homeland Security Investigations is leading the investigation with assistance from the FBI.
- The ICE officer involved in the shooting has been placed on administrative leave.
- A federal judge temporarily blocked deportation of Wilber Rafael Garces Perez, who is in I-C-E custody.
- The judge ordered Garces Perez to attend an in-person hearing in San Antonio on September thirtieth, twenty twenty-six.
- His lawyers seek release and time to pursue a you visa linked to a shooting investigation.
A federal judge in San Antonio temporarily blocked the deportation of Wilber Rafael Garces Perez, the Venezuelan man shot by an ICE agent in Austin, and ordered him brought to court next week. The hearing is set for September 30, 2026, at noon.
Judge Orlando L. Garcia signed the order Monday, September 21. It became available Tuesday. The order directs Bobby Thompson, warden of the South Texas ICE Processing Center, to bring Garces Perez to court.
The order says: “This matter is set for an in-person hearing on Wednesday, September 30, 2026, at 12:00p.m. … Petitioner must be present at the hearing.”
His lawyer Kate Lincoln-Goldfinch said a federal lawsuit asks for his release and a pause in removal. The hearing will be his first appearance in the case, she said.
“We have filed a federal lawsuit, and the judge has ordered that he be present at the first hearing, which is scheduled for Wednesday, September 30,” Kate Lincoln-Goldfinch said. “And that means he won't be deported in the meantime.”
The case seeks time to pursue immigration relief
Austin immigration attorney Kristin Etter filed a federal request Monday seeking to stop removal so Garces Perez could pursue a U visa. The application is tied to the shooting investigation, which his lawyers say is examining a potential crime.
Lincoln-Goldfinch filed a request for a temporary restraining order and preliminary injunction seeking his “release and a stay of removal pending final judgement.” His legal team does not dispute that a final removal order exists. It wants him to have an opportunity to apply for relief before deportation.
The judge's order sets the next court date. Garces Perez must attend in person.
The shooting left him in federal custody
Garces Perez was shot once in the torso shortly before 1 p.m. Sunday, September 20, during a brief foot pursuit in North Austin. The shooting occurred near Anderson Square and U.S. 183, also known as Research Boulevard.
He was taken to a hospital and later transferred to ICE custody. His lawyer said the bullet remained lodged in his back. Austin Police Chief Lisa Davis described his condition as “stable but serious.”
The Department of Homeland Security said he was in federal custody pending removal. Its Homeland Security Investigations unit is leading the shooting investigation, with the FBI assisting.
Austin Mayor Kirk Watson called the shooting “very angry” in reaction to the incident. Davis said the shooting involved a federal agent and later confirmed she had been told the agent was with ICE.
Accounts of his immigration history differ
Lincoln-Goldfinch said Garces Perez entered the United States in 2024 through CBP One, was seeking asylum and had a valid work permit. She said he missed an immigration hearing after notice went to a former address, leading to a deportation order.
She also said, “Based on the information available to us, he entered the United States lawfully,” and that the family understood he had previously held a valid work permit.
DHS characterized his entry as “illegally” and said he faced a final removal order. The accounts differ on how he entered the country; the court proceeding now concerns the request to halt removal.
The shooting has also complicated the family's efforts to get information. Lincoln-Goldfinch said relatives had trouble learning his condition and whereabouts after he was shot. She said he had been working as a DoorDash driver.
The next court event is scheduled for Wednesday, September 30, 2026, at 12:00 p.m., before Garcia in San Antonio.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
