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Austin Man Shot by ICE Officer Scheduled for Federal Court Hearing Seeking Release

Wilber Rafael Garces Perez faces a federal judge in San Antonio on Wednesday, Sept. 30, as his legal team fights for his release from the South Texas ICE Processing Center in Pearsall. The 28-year-old DoorDash driver was shot…

Wilber Rafael Garces Perez faces a federal judge in San Antonio on Wednesday, Sept. 30, as his legal team fights for his release from the South Texas ICE Processing Center in Pearsall. The 28-year-old DoorDash driver was shot in the back by an Immigration and Customs Enforcement officer on Sept. 20 in North Austin, leaving him detained with a bullet still lodged in his body.

A High-Stakes Habeas Hearing in San Antonio

A federal judge scheduled Wednesday’s habeas hearing to weigh the challenge against Garces Perez’s detention. Immigration attorney Kate Lincoln-Goldfinch used a video call to speak directly with her client, a move designed to quash false online rumors that he had died from his injuries. Representative Joaquin Castro’s office independently confirmed his condition on Monday evening. Attorneys are demanding freedom from the Pearsall facility, where authorities transferred him merely hours after his discharge from Dell Seton Medical Center following the Sept. 20 shooting.

Police bodycam footage after Wilber Rafael Garcés Perez was shot by an ICE officer in Austin

Urgent Medical Crisis Behind Bars

Pain continues to plague Garces Perez, who suffers from a fractured clavicle and limited mobility, according to Lincoln-Goldfinch. His legal team warns of permanent physical damage and potential infection unless he undergoes surgery to extract the bullet trapped in his body. While his attorneys question the adequacy of the medical care he has received since the shooting, ICE has publicly disputed claims that he has not been given appropriate treatment.

Conflicting Narratives of the North Austin Pursuit

Federal immigration agents pursued Garces Perez while he was making deliveries as a DoorDash driver in North Austin. Video reviewed by Austin police documents a vehicle pursuit preceding the shooting. Garces Perez maintained he was simply trying to locate a safe spot to pull over, whereas the Department of Homeland Security asserted that he actively attempted to evade arrest during the operation.

'There's a shots fired by an ICE agent': Dispatch audio released in Austin shooting

Street Demonstrations and Strict Courtroom Warnings

Outrage over the shooting and subsequent detention has fueled a wave of demonstrations. Approximately 160 people gathered Sunday at the North Austin site of the shooting following earlier protests in the city, while other supporters have rallied outside the detention facility in Pearsall. Looking toward Wednesday’s court date, Lincoln-Goldfinch urged supporters not to gather outside the federal courthouse to maintain expected courtroom decorum, noting that peaceful vigils elsewhere remain welcome. She also cautioned the public against fraudulent online fundraisers, clarifying that the sole family-approved fundraiser operates through the Austin Sanctuary Network.

About the author: Daniel Perez - News Editor

Former field producer and on‑air correspondent covering U.S. elections and Latin American politics. Daniel’s bilingual expertise powers our fast‑breaking coverage and live blogs. Daniel Perez anchors AchyNewsy.com’s real‑time news desk—breaking stories with accuracy, speed, and context.