Austin shooting by ICE: Federal judge temporarily blocks deportation

Digging a little further. Petition was actually filed yesterday.

It is a 28 U.S.C. § 2241 habeas proceeding, with Perez seeking release from ICE custody and a stay of removal. With that final order of removal, Perez still faces an uphill battle.

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The key point is that § 2241 itself does not give Perez an automatic right to a stay of removal. His lawyers are asking the district court for emergency equitable relief while the habeas case proceeds. The precise legal route matters because federal immigration jurisdiction is heavily restricted.

In Perez's actual case, the docket shows that his lawyers filed both a § 2241 habeas petition and a separate motion for a temporary restraining order/preliminary injunction seeking release and a stay of removal.

What they generally have to show
For a stay of removal pending judicial review, the Supreme Court's framework in Nken v. Holder uses four factors:

Likelihood of success on the merits
Perez has to make a strong showing that he is likely to prevail on the underlying legal claim for which the court has jurisdiction.
A mere possibility of success isn't enough.

Irreparable injury without the stay
He must show that allowing removal to occur before the court resolves the case would cause harm that cannot adequately be repaired later.
Importantly, Nken says removal itself ordinarily isn't enough to establish irreparable injury. There needs to be some particularized harm.

Perez's lawyers therefore can point to things such as his serious gunshot injury and medical needs, but whether those circumstances satisfy the legal standard is for the judge to determine.

Harm to the government/other parties
The judge considers whether granting the stay would substantially harm the government.
In an immigration case, the government has a recognized interest in carrying out a final removal order.

Public interest
The court considers where the public interest lies.
The Supreme Court says the government's interest and public interest substantially overlap when the government is the opposing party.

But there's an important complication in Perez's case
There's a jurisdictional problem that may be more important than the four factors.
The Fifth Circuit has recently emphasized that district courts generally cannot use § 2241 to review or directly interfere with a final removal order when the requested relief falls within the jurisdictional restrictions of 8 U.S.C. § 1252. In a January 2026 decision, the Fifth Circuit specifically rejected a district-court stay of removal where the requested stay amounted to a challenge to the removal order.

So Perez's lawyers can't simply say:
"He has a good immigration case, therefore the § 2241 judge should stop his deportation."
They need to establish that the federal district court actually has jurisdiction to grant the particular relief they're requesting.

Why Perez's circumstances could make this unusual

His petition isn't merely a conventional attack on an immigration judge's decision. According to the current docket, his lawyers are seeking both release from custody and a stay of removal, in the context of his recent shooting and continued federal detention.

That creates several potentially distinct questions:

A. Can the court review the legality of his continued detention?
That's the classic § 2241 question.
B. Can the court stop his removal while it considers that detention claim?
That's more complicated because of § 1252's jurisdictional restrictions.
C. Does his medical condition create an independent reason for emergency relief?
That could be relevant to the irreparable-harm analysis, but it doesn't automatically overcome the jurisdictional problem.
D. Can the court consider alleged defects in the underlying removal proceedings?

Again, that's particularly sensitive because Congress has placed substantial limits on district-court review of removal orders.

One thing I would not assume
The fact that Judge Garcia has already temporarily prevented removal doesn't mean he has ruled that Perez's underlying immigration case is valid or that ICE's shooting was unlawful.
At this stage, the judge is essentially preserving the status quo so the court can determine what it has jurisdiction to decide and whether Perez satisfies the requirements for the requested relief.

And there's a potentially important issue here: if Perez's lawyers are arguing that his final removal order resulted from notice being sent to an outdated address, that could become central to the merits—but the government could contest both the factual premise and whether the district court has jurisdiction to adjudicate that challenge.

The September 30 hearing should therefore be quite revealing about exactly which claims Judge Garcia believes he can consider and what legal theory supports keeping Perez in the country.

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You got one of your birthday wishes!!!!!!

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Why do you say that? I want all illegal aliens deported. Honestly, I thought Perez would have been gone by Wednesday.

I didn't realize his lawyer had filed a petition yesterday. Just glancing over everything, I still think Perez gets deported soon.

Admittedly, I am for DHS following the law and DHS guidelines about when to shoot people. Still looking for an explanation from DHS about how shooting Perez in the back was lawful. Maybe it was.

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I've read many accounts that have stated he has a "bullet in his back", but is that where the bullet stopped, not entered.

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It's where it entered. Lodged too close to his spine to risk removing it.

Bullet holes were through rear passenger window. Bullet hit him while Perez was in driver's seat.

Of course he was. That's how these spook stories always end.

Don't only look at the Pretti story, look at the Renee Good story as well. The crazy bit(h tried to run a cop down.

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Of course he was.

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Why hasn't even DHS claimed that? What evidence do you have of that?

>piece of shite liberal judge
>does piece of shite things

>shocked

Go out and touch grass tard

He's deep in it.

After the investigation is completed this week, he'll claim he never stood with the illegal.

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After the investigation is completed this week, he'll claim he never stood with the illegal.

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DHS hasn't completed the investigation of ANY of the 20 shootings involving its employees since 2024. What makes you think there will be an investigation of this to come out in the next few days?

I don't care about the illegal alien. He should never have been allowed into our country. He should be deported ASAP.