Wilber Rafael Garces Perez, 28, is back in ICE detention after a second hospital discharge with a bullet still lodged in his back, his attorney says. An ICE agent shot him Sunday while delivering DoorDash orders; Garces Perez has petitioned a court to block deportation.
A federal judge set an in-person hearing for Sept. 30 in San Antonio and ordered Garces Perez to appear; his attorney says he will not be deported meanwhile. Garces Perez said doctors left the bullet because it was too close to his spine. His attorney says he cannot move his left arm, and Rep. Greg Casar said a specialist recommended surgery. DHS says Garces Perez is receiving round-the-clock medical care and slept on a bed at the facility.
DHS says Garces Perez had a final removal order; his attorney says he entered legally through CBP One to seek asylum and that a court changed his hearing date without notice, resulting in an in-absentia order. A law-enforcement source said he fled after officers told him he would be arrested; Garces Perez said an SUV hit his car as he tried to pull over. A source says the ICE agent is on administrative leave. Travis County DA says federal agencies have not shared evidence and seeks video and an interview with the agent; DHS says HSI leads, with FBI assistance.
