At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. Federal Judge Orlando Garcia, of the Western District of Texas, ordered Wilber Rafael Garces Perez — the 28-year-old Venezuelan man shot by an Immigration and Customs Enforcement (ICE) officer in Austin on September 20 — to appear in person before the court on 30 de septiembre de 2026.
Here is what that order means, what this week’s released videos show, and why a U visa is part of this case.
What did the judge order?
The order does not yet grant what the petition asks for, but it has an immediate effect: by requiring Garces Perez to be physically in the courtroom on September 30, it effectively prevents immigration authorities from deporting him before that date.
His defense is asking for two things: his release, and a temporary stay of removal while he attempts to file a Visado U application. Another actor has since weighed in and changed the balance: the Travis County District Attorney’s Office asked that removal proceedings be halted and that he be allowed to remain in the country while the criminal investigation is pending, because his testimony would be necessary for any prosecution.
On his medical condition, his attorney reported a fractured clavicle with significant swelling, that he could not move his arms, and that after receiving morphine at the hospital he was given only acetaminophen and ibuprofen in detention. She also said his communication privileges were revoked after he spoke with reporters and that he was moved to an isolated room. He remains in federal custody in Pearsall, Texas.
What the videos show, and what is still disputed
On September 22, Austin Police released three recordings, and their origin is worth stating precisely, because confused versions are circulating.
- Dashcam video from an off-duty detective: a blue sedan pulled over by black SUVs, with federal officers interacting with the occupant.
- Cellphone video from the same detective, recorded 10 to 15 minutes later: sirens and three gunshots are audible.
- Body camera footage from an on-duty officer who responded: it shows Garces Perez with a gunshot wound to his back, complaining of shoulder pain.
The initial stop happened about 200 yards from where the episode ended. One detail that was not part of the earlier picture: the ICE officer who fired was not wearing a body camera, despite having been issued one.
The accounts still do not match. The Department of Homeland Security (DHS) maintains there was a foot chase; attorney Kate Lincoln-Goldfinch says there was none, and that her client was making a delivery when an unmarked vehicle struck his car. Police Chief Lisa Davis declined to weigh in on that account and asked witnesses to come forward. The defense is demanding that the full sequence be released.
What is a U visa, and why does it appear here?
El Visado U is a status for victims of certain serious crimes who suffered substantial physical or mental harm and who colaborar con las autoridades in investigating or prosecuting that crime.
Its centerpiece is a certification (Form I-918, Supplement B) signed by a law enforcement agency, a prosecutor, or a judge, confirming that cooperation. That is why the Travis County District Attorney’s request matters so much: without certified cooperation, there is no viable application.
It is worth resisting quick conclusions. The U visa has an annual cap and very long waiting lists, requires admissibility or a waiver, and having a final order of removal does not bar filing, though it complicates the picture and usually requires separate steps to halt removal while the case is pending. Every case is assessed on its own facts.
What can you do if you were the victim of a crime?
- Report it, even without status: with no police report and no documented cooperation, the U visa path does not exist.
- Ask for the certification in writing: the Supplement B is signed by the agency; it is not automatic and sometimes must be formally requested.
- Keep all medical evidence: reports, X-rays, prescriptions, and bills help establish substantial harm.
- Do not confuse reporting with applying: filing a police report does not by itself start an immigration case. The application goes to USCIS and has its own requirements.
- Get advice before signing anything in custody: a voluntary departure signed in haste can close a door that was still open.
Protege tu situación migratoria con el bufete de abogados Campos
Being the victim of a crime should not cost you your future in this country. Our team evaluates whether your case fits a U visa or another protection, pursues certification with the agencies, and prepares the right filings when detention is involved. We do not make unrealistic promises. We provide serious legal representation backed by preparation and integrity.
No dejes tu situación migratoria al azar. Llámanos hoy mismo al +1 (844) 922-6767 para concertar una consulta gratuita y confidencial en inglés o en español. Bufete de Abogados Campos: soluciones jurídicas en todas las áreas del derecho.
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