This account contradicts statements from U.S. Secretary of Homeland Security Markwayne Mullin, who said agents identified themselves during the Oct. 8 encounter. The petition also asserts that Belgal vehemently denies any affiliation with gangs or organized criminal groups, a claim made by ICE and DHS officials as justification for his arrest.

The petition further states that Belgal was not attempting to ram his vehicle into officers, as federal officials claimed. Instead, his attorneys argue video footage shows he was trying to move away from the agent firing into his car. After being shot in the neck, Belgal pleaded for medical assistance, but the petition alleges agents handcuffed him and left him without aid, with NYPD officers eventually taking him to receive medical care.

Belgal did not realize the individuals were ICE agents until he woke up in the hospital. The petition details the trauma experienced by Belgal and his son, who reportedly suffers from nightmares. Belgal is currently in ICE custody, and a federal judge has ordered he not be removed from the country or transferred outside the New York City metro area or New Jersey.