Federal judge temporarily blocks deportation of illegal immigrant shot by ICE officer in Austin, attorney says

A federal judge has blocked the deportation of an illegal immigrant shot by a U.S. Immigration and Customs Enforcement (ICE) officer over the weekend, his attorney said.

Kate Lincoln-Goldfinch, who represents him, said her office has filed a federal lawsuit on behalf of her client, 28-year-old Wilber Rafael Garces Perez. A judge ordered that Perez be present for a Sept. 30 hearing.

"That means Wilber cannot in the meantime," Lincoln-Goldfinch wrote on Facebook. "For now, we have secured a temporary block on his deportation while his case moves forward."

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She added that Perez still requires medical care and "we will continue fighting to protect his rights." He is still in "a lot of pain" and the bullet that struck him is still lodged in his body, she said.

Perez, a Venezuelan citizen, was delivering a DoorDash order when he made a U-turn under the highway before ICE agents continued to pursue him.

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"The truck chased him and sideswiped him again. And the agents came out and shot him in the back of the neck and pulled him out of the car," Lincoln-Goldfinch said.

Perez had a final order of removal, authorities said. However, Lincoln-Goldfinch said her client received a removal order after a notice for his immigration hearing was sent to his old address, despite him having updated his address with the court.

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Travis County District Attorney Jose Garza sent a letter Tuesday to Department of Homeland Security (DHS) Secretary Markwayne Mullin and ICE Director David Venturella asking that Garces Perez be allowed to remain in the United States pending an investigation into the shooting.

Rep. Greg Casar, D-Texas, and more than 100 other members of Congress also signed a letter to Mullin and Venturella demanding that Perez be released from ICE detention so he can receive medical treatment.

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The lawmakers also asked that state authorities and law enforcement preserve all evidence from the shooting.

"Mr. Garces Perez is a key witness to this shooting, and given ICE's history of obscuring the facts in similar investigations, he must not be removed," the letter said.

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The ICE officer who shot Perez is a new recruit to the agency but has years of law enforcement experience, including with the U.S. Border Patrol, sources told Fox News.

In addition, that unidentified officer wasn't wearing a body camera at the time of the shooting,