Federal Judge Blocked Deportation of Venezuelan Man

A judge ordered Wilber Rafael Garces Perez to remain in the U.S. for an upcoming September court hearing.

Updated on Sept. 22, 2026 in Immigration

Bold flat-color editorial illustration of a neoclassical column facade, evoking the solemnity of the federal judicial system. — A federal judge ruled on Tuesday that Wilber Rafael Garces Perez must remain in the United States to attend a September court hearing. AI Illustration. Upload story photo >

A federal judge blocked the deportation of Wilber Rafael Garces Perez, a 28-year-old Venezuelan citizen who was shot by an ICE agent in Austin. The ruling ensures Perez will be present for a scheduled court appearance on September 30.

Why it matters

The ruling followed requests from over 100 members of Congress who argued Perez must remain in the U.S. to receive medical care for his gunshot wound. Officials also view his presence as essential since he is a key witness to the recent shooting incident.

A federal judge mandated that Perez be present for a Sept. 30 hearing, overriding a previous final order of removal. This legal intervention follows a formal request from Travis County District Attorney Jose Garza to keep Perez in the country for investigation.

The players

Wilber Rafael Garces Perez

He is a 28-year-old Venezuelan citizen who remains in federal custody after being shot by an ICE agent.

Jose Garza

He serves as the Travis County District Attorney and has sought to keep Perez in the U.S. for a pending investigation.

The details

Perez, who still has a bullet lodged in his body from the incident in Austin, was the subject of a federal lawsuit filed by his attorney. The ICE officer involved in the shooting did not have a body camera, highlighting concerns regarding transparency in the incident.

August 2025: The ICE officer involved completed a 256-hour training program.
September 20, 2026: The shooting incident involving Perez occurred in Austin.
September 22, 2026: The DHS Secretary received a letter from the District Attorney regarding the case.
September 30, 2026: A court hearing is scheduled to address the matter in federal court.
September 30, 2026: This date serves as the current target for nationwide ICE body camera implementation.

Political Context

This case highlights the ongoing friction between local law enforcement and federal immigration authorities regarding the custody of individuals involved in pending criminal investigations. While local officials seek to prioritize the integrity of local judicial processes, federal agencies continue to enforce standing removal orders.

The federal order prevents the immediate removal of a key witness, ensuring he remains available for the local investigation in Austin. Residents and local legal experts will monitor the Sept. 30 hearing for further clarity on how federal detention policies intersect with local criminal inquiries.

The takeaway

The judicial decision highlights the tension between federal deportation authority and the necessity of preserving testimony in ongoing criminal investigations. This case underscores the importance of transparency in federal law enforcement operations, particularly regarding the use of recording equipment.