A 28-year-old Venezuelan man who was shot by an Immigration and Customs Enforcement (ICE) officer in Austin, Texas, is scheduled to appear in a San Antonio federal court on Wednesday, September 30, 2026. Wilber Rafael Garces Perez faces the habeas corpus hearing while continuing to suffer from significant physical pain and with a live bullet still lodged in his back.
Garces Perez is currently being held at the South Texas ICE Processing Center in Pearsall, approximately 130 miles southwest of Austin. He was transferred to the remote facility following his discharge from Dell Seton Medical Center after the September 20 shooting incident.
Medical Concerns and Legal Challenges
According to immigration attorney Kate Lincoln-Goldfinch, Garces Perez sustained a fractured clavicle and severe mobility limitations during the encounter. Legal counsel has expressed deep concern regarding the risk of serious infection and permanent physical damage if he does not undergo immediate surgical intervention to remove the projectile lodged near his spine.
Lincoln-Goldfinch confirmed his medical status following a video consultation intended to dispel false online rumors claiming that the detainee had passed away. A representative for Representative Joaquin Castro verified his condition later on Monday evening.
Federal court documents show that U.S. District Judge Orlando Garcia ordered Garces Perez to appear in person for the Wednesday hearing. His defense attorneys are actively challenging his continued detention, seeking his immediate release, and requesting protection against deportation while independent investigations into the shooting are conducted.
Conflicting Accounts of the Austin Incident
The shooting took place in North Austin while Garces Perez was working as a DoorDash driver. Federal immigration agents pursued his vehicle prior to the use of deadly force, though official accounts of the encounter differ sharply.
- Victim’s Account: Garces Perez stated he was actively searching for a safe area to pull over after being sideswiped by an unmarked vehicle, denying that he attempted to flee on foot.
- Department of Homeland Security (DHS) Account: DHS officials asserted that Garces Perez actively attempted to evade law enforcement arrest before an ICE officer discharged a weapon into his back.
Austin Police Department surveillance and dashcam video confirm that a vehicle pursuit occurred prior to the shooting. However, the lack of complete transparency has fueled sustained local protests and calls from municipal leaders-including Austin Mayor Kirk Watson and U.S. Representatives Greg Casar and Joaquin Castro-for an independent, transparent investigation into the actions of the federal officers involved.
Protests and Public Response
The handling of the case and Garces Perez’s medical care in detention have sparked widespread community activism. Approximately 160 demonstrators gathered on Sunday at the North Austin site where the shooting occurred, following earlier rallies and student walkouts across the city. Protests have also been organized outside the detention facility in Pearsall.
Lincoln-Goldfinch has advised supporters to maintain court decorum and avoid gathering at the federal courthouse during Wednesday’s proceedings, encouraging peaceful vigils elsewhere instead. Additionally, legal representatives have warned the public against unauthorized online fundraisers, noting that the only family-approved financial support channel is operated through the Austin Sanctuary Network.
Frequently Asked Questions
Who is Wilber Rafael Garces Perez?
Wilber Rafael Garces Perez is a 28-year-old Venezuelan immigrant who entered the United States legally through the CBP One humanitarian program before applying for asylum. He was working as a DoorDash driver in Austin, Texas, when he was shot by an ICE officer.
Why does Garces Perez still have a bullet in his back?
Following the September 20 shooting, Garces Perez was taken to Dell Seton Medical Center. Because of the bullet’s dangerous proximity to his spine, hospital physicians did not remove it before discharging him into ICE custody. His attorneys and medical specialists state he requires urgent surgery to prevent permanent nerve damage and infection.
What is the purpose of the September 30 court hearing?
U.S. District Judge Orlando Garcia ordered a habeas corpus hearing in San Antonio to evaluate petitions filed by Garces Perez’s legal team, which challenge his ongoing detention and seek his immediate release from federal custody.
What are the opposing claims regarding the shooting?
Garces Perez states he was simply looking for a safe place to pull his vehicle over after being struck by an unmarked law enforcement truck. Conversely, the Department of Homeland Security claims he attempted to evade arrest, leading the ICE officer to fire.
Where is Garces Perez currently being detained?
He is being held at the South Texas ICE Processing Center located in Pearsall, Texas, following his transfer from the Austin medical facility.
