… the Dominican Republic with a grand larceny conviction and associations with the Trinitarios gang.Unbelievable.
— Katie Daviscourt 📸 (@KatieDaviscourt) October 9, 2026
In an order issued Friday, Judge J. Paul Oetken ruled Bergal cannot be removed from the United States without another court order while his petition challenging his detention is pending.
The judge also restricted transfers—allowing him to be moved only to facilities within the Southern or Eastern Districts of New York, or the District of New Jersey, without further court approval.
DHS says Bergal was transferred to an detention outside of New York due to his criminal history and flight risk. The department says an ICE officer discharged his weapon during the operation, injuring Bergal. Officers rendered aid, and he was hospitalized.
The order does not direct his release. It remains in effect unless the judge assigned to the case changes or lifts it.
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