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Judge Temporarily Blocks Deportation Of Venezuelan Man Shot By ICE Agent

The order followed an emergency request seeking to prevent his removal while questions surrounding the shooting are investigated.

Man shot by ICE in Texas is back in detention after leaving hospital, attorney says. Pic via(@NBCNews)

A federal judge has temporarily blocked the deportation of Wilber Rafael Garces Perez, a Venezuelan delivery driver who was shot by an Immigration and Customs Enforcement agent in Austin on Sunday, according to his attorney.

The order followed an emergency request seeking to prevent his removal while questions surrounding the shooting are investigated.

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Garces Perez was transferred to the South Texas ICE Processing Center in Pearsall with a bullet lodged near his spine. His attorney, Kate Lincoln-Goldfinch, disputes the government's account that a foot chase preceded the shooting and has called for the release of relevant footage.

Homeland Security officials confirmed that the ICE agent involved was not wearing a body camera.

More than 100 members of Congress have urged Homeland Security officials to release Garces Perez, while Travis County District Attorney Jose Garza has requested that he remain in the United States for the criminal investigation. His attorney has also raised concerns about his access to communication and medical care in detention.

A federal hearing is scheduled for September 30, with the judge ordering Garces Perez to appear. The case remains under investigation as authorities examine the circumstances of the shooting.

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