On Oct. 23, a judge denied the temporary release of Oscar Belgal from federal prison for medical care, according to The New York Times.
Belgal was shot in the neck by an ICE agent on Oct. 8 while in the car with his 5-year-old son, and has been held at the Metropolitan Detention Center in Brooklyn.
Earlier this month, attorneys said that Belgal had been in solitary confinement while he awaited surgery to remove the bullet still lodged in his neck, and that he did not have access to adequate medical care.
Belgal’s lawyers had also said that the officers never identified themselves during the shooting.
Hector Gonzalez, the federal judge, ruled that Belgal “has received necessary and appropriate care and that his medical condition is stable.”
Gonzalez's conclusion was reportedly drawn from government evidence including medical records, which showed that Melgal had been routinely evaluated since he was admitted to the center and had received the necessary prescription medications for his wound.
The Legal Aid Society, representing Belgal, strongly questioned the decision.
“Mr. Belgal's situation comes amid increasing scrutiny regarding ICE’s ability to provide adequate medical care to those in its custody,” they wrote in a statement. “Since January 2025, more than 50 people have died in ICE custody, raising serious questions about the agency’s treatment of medically vulnerable individuals.”
The Metropolitan Detention Center only began holding ICE detainees in June of 2025.
The decision regarding Belgal comes after ICE had doubled its presence at the detention center in February of 2026, THE CITY reported. Federal lawsuits and interviews at the time described frequent lock downs, inedible food and difficulty accessing medical care.
The decision also follows immense public protest to the shooting outside the detention center, drawing attendance from local elected officials and hundreds of New Yorkers.
Currently, the detention center in Brooklyn houses approximately 1,500 people.
The shooting and detainment of Belgal drew immediate concern from both Gov. Kathy Hochul and Mayor Zohran Mamdani.
Mamdani described the incident as "unconscionable,” and demanded an end to ICE enforcement in New York City altogether.
