Man shot by ICE in Austin to appear at Sept. 30 hearing, judge orders – ABC News – Breaking News, Latest News and Videos

Man shot by ICE in Austin to appear at Sept. 30 hearing, judge orders  ABC News – Breaking News, Latest News and Videos

Wilber Rafael Garces Perez was shot Sunday by Immigration and Customs Enforcement officers. The ruling effectively prevents him from being deported before then. A federal judge has ordered that Wilber Rafael Garces Perez, the 28-year-old Venezuelan who was shot by an Immigration and Customs Enforcement officer in Austin, Texas, Sunday to be present at a Sept. 30 court hearing, essentially prohibiting immigration officials from deporting him before then. On Tuesday morning, the Travis County, Texas, District Attorney’s Office sent a letter to Homeland Security Secretary Markwayne Mullin and Acting ICE Director David J. Venturella, requesting that removal proceedings against Garces Perez be halted while the local and state investigations into his shooting continue.

"If criminal charges are filed in Travis County in relation to the shooting, the State of Texas expects that Mr. Garces Perez's testimony would be necessary in any subsequent prosecution," the district attorney's letter reads. "Mr. Garces Perez's ability to participate in the ongoing investigation or any future prosecution related to this incident, however, will be severely hindered if Mr. Garces Perez is removed from the United States." "To ensure a complete, impartial inquiry into the shooting of Mr. Garces Perez, l ask that Mr. Garces Perez be allowed to remain in the United States during the pendency of this criminal investigation," the letter adds. In an