跟进:遭ICE开枪的纽约男子首次在移民法官前视频出庭 律师称其被单独关押、颈部子弹待手术取出

纽约讯——据美联社报道,10月15日(周四),在车内遭美国移民与海关执法局(ICE)探员开枪击伤的28岁男子奥斯卡·贝尔加尔(Oscar Belgal)首次在移民法官前出庭。他自布鲁克林的大都会拘留中心(Metropolitan Detention Center)通过视频连线远程出庭,其律师称他正被关押在该设施的单独监禁区。这场庭审时间简短,贝尔加尔几乎没有发言,视频画面上看不出他的伤情;其律师表示,他仍需接受手术,取出留在颈后的一颗子弹。
庭审中,法律援助协会(Legal Aid Society)律师卡琳·布朗(Karene Brown)向移民法官达拉·里德(Dara Reid)表示,贝尔加尔在大都会拘留中心被24小时单独关押,无法使用电话与家人联系;她已要求ICE将其移出单独关押,但迄今未获理会。里德法官回应称,她无权决定他在设施内的关押位置。贝尔加尔一度试图向法官提及自己的关押条件,被其律师劝阻并打断。据美联社报道,该拘留中心目前还关押着委内瑞拉前总统马杜罗。
据美联社报道,贝尔加尔的下一次移民法庭聆讯定于10月29日举行。其律师团队另已在联邦法院入禀人身保护令,请求将其释放。
事件回填:10月8日,贝尔加尔在接5岁的儿子放学后寻找停车位时与ICE探员遭遇,儿子当时坐在车后座。其律师在10月14日提交的入禀文件中称,一名探员冲到车前砸碎车窗,随后向车内连开数枪;律师称探员当时未表明身份,戴着面罩、身着便服。一颗子弹击中贝尔加尔的颈部。入禀文件另称,子弹仍留在其颈部,其左半边脸麻木、左耳听力受损,目前仅获布洛芬止痛。
政府方说法不同。国土安全部官员坚称,探员是在贝尔加尔驾车撞向两辆政府车辆并加速冲向探员、自认生命受到威胁后才开枪。纽约市警察局上周公布的监控录像拍下了部分遭遇过程,但未能定论开枪经过。美联社今日的报道中,未见政府方就本次庭审作出新的公开回应。
程序回填:10月14日,联邦法官赫克托·冈萨雷斯(Hector Gonzalez)下令暂时禁止政府驱逐贝尔加尔,也禁止将其转移出纽约南区、纽约东区或新泽西区范围,并要求政府说明为何认为他应受强制关押;上周,另一名联邦法官已下达过类似禁令。贝尔加尔的律师主张,ICE探员是在没有逮捕令的情况下将他逮捕。贝尔加尔为多米尼加共和国籍。
Follow-Up: New York Man Shot by ICE Appears Before Immigration Judge by Video; Lawyers Say He Is Held in Solitary and Still Needs Surgery to Remove Bullet in Neck
New York — Oscar Belgal, the 28-year-old man shot by U.S. Immigration and Customs Enforcement (ICE) officers while in his car, made his first appearance before an immigration judge on Thursday, October 15, according to the Associated Press. He appeared remotely by video from the Metropolitan Detention Center in Brooklyn, where his lawyers say he is being held in solitary confinement. The hearing was brief and Belgal barely spoke; his injury was not apparent on the video feed, but his lawyers say he still needs surgery to remove a bullet lodged in the back of his neck.
Karene Brown, an attorney with the Legal Aid Society, told Immigration Judge Dara Reid that Belgal has been on 24-hour lockdown at the Brooklyn facility with no access to a phone to speak with his family. She said she has asked ICE to move him out of solitary confinement, but the request has so far not been honored. Reid said she has no say in where he is placed within the facility. Belgal tried to say something to the judge about his living conditions, but his lawyer advised him against it and cut him off. According to the Associated Press, the same jail is also holding former Venezuelan President Nicolas Maduro.
Belgal's next immigration court hearing is scheduled for October 29, according to the Associated Press. His lawyers have also filed a petition in federal court seeking his release.
Background: On October 8, ICE officers confronted Belgal while he was looking for a parking spot after picking up his 5-year-old son from school; the boy was in the back seat. In a court filing on Wednesday, October 14, his lawyers said an officer ran up to the car, smashed one of its windows and fired several shots into the vehicle as Belgal tried to drive away, and that the officers never identified themselves and wore masks and civilian clothes. One bullet struck Belgal in the neck. The filing also said the bullet remains lodged in his neck, that the left side of his face is numb and his hearing in his left ear is impaired, and that he has been given only ibuprofen for the pain.
Department of Homeland Security officials maintain a different account: they say the officers believed their lives were in danger and opened fire only after Belgal smashed his car into two government vehicles and accelerated toward them. New York City police security camera footage released last week shows part of the encounter but does not conclusively show how the shooting happened. The Associated Press report on Thursday's hearing carried no new public response from the government side regarding the hearing itself.
On October 14, U.S. District Judge Hector Gonzalez temporarily barred the government from deporting Belgal or transferring him outside the Southern District of New York, the Eastern District of New York or the District of New Jersey, and asked the government to explain why it believes Belgal warrants mandatory detention; a different federal judge issued a similar block last week. Belgal's attorneys contend ICE arrested him without a warrant. Belgal is a native of the Dominican Republic.
发布:GSM·美国(发布链接)
图片来源:图:布鲁克林大都会拘留中心(Metropolitan Detention Center)外景——贝尔加尔正被关押于此,并自该设施以视频连线出庭。Kidfly182 摄,CC BY 4.0(Wikimedia Commons) / Photo: Metropolitan Detention Center, Brooklyn, where Belgal is detained and from which he appeared by video. By Kidfly182, CC BY 4.0, via Wikimedia Commons.
GSM Global · 本篇英文版 English edition of this story
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