At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. On September 30, 2026, a federal judge in Austin ordered that Wilber Rafael Garces Perez, the 28-year-old Venezuelan man shot by an Immigration and Customs Enforcement (ICE) officer on September 20, remain detained without bond while the criminal case against him moves forward.
This follows the case we covered when the federal charge against him was announced. Below, we summarize what the judge decided, what changes in his custody, and what comes next.
What Did the Judge Decide?
U.S. Magistrate Judge Dustin Howell of the Western District of Texas found probable cause for the charge of assaulting, resisting, interfering with, and impeding a federal officer, and granted the government’s motion to detain him. “I agree with the government that the charged crime is a crime of violence and that there is a risk that the defendant will flee,” he said, according to Courthouse News.
According to KUT, the judge based the flight risk on three factors: that he drove away from officers during the September 20 stop, that his parents and a child live in Venezuela, and the possible sentence of up to 20 years. However, he rejected the prosecution’s argument that Garces Perez is a danger to the community.
What Changes in His Custody?
Until now, Garces Perez was held at an ICE detention center in South Texas. With this decision, he moves into federal criminal custody, separate from immigration custody. The habeas hearing scheduled in San Antonio, where his team planned to seek his release from ICE, was canceled.
His defense continues to raise alarms about his health. The bullet remains lodged in his back, and his immigration attorney, Kate Lincoln-Goldfinch, warned he could lose mobility or develop sepsis if he does not have surgery soon. “The government continues playing with our client’s life,” his lawyers told EFE.
At the hearing, his federal public defender, Shane McMahon, said he did not see the officer get struck in the video. That is one of the disputed accounts that will be resolved at trial.
Does Being Held Without Bond Mean He Is Guilty?
No. Pretrial detention is not a conviction or a ruling on the facts: it only decides whether a person awaits trial free or in custody. The charge is still an allegation, and Garces Perez is presumed innocent until proven guilty.
His immigration case also follows its own path. According to EFE, he arrived with a CBP One appointment, applied for asylum, and received a removal order en ausencia after missing a hearing. While a criminal case is open, the government generally needs to keep him in the country for trial.
What Can You Do if a Family Member Is Detained?
- Identify the type of custody: being held by ICE is not the same as being held on a criminal case; the attorneys and procedures are different.
- Request a bond hearing promptly: in the criminal system, the detention hearing usually takes place a few days after the first appearance.
- Document medical needs: keep reports and prescriptions, and request appropriate care in writing.
- Coordinate the attorneys: criminal and immigration counsel must talk to each other so one defense does not undermine the other.
- Check for an in absentia order: in some cases, it may be possible to request that the immigration case be reopened.
Protege tu situación migratoria con el bufete de abogados Campos
When a detention involves both a criminal case and an immigration case, every decision carries double the weight. At Campos Law Firm, we evaluate both fronts and stand by you from the first call. Campos Law Firm is here to help you.
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