A Venezuelan man was shot by a U.S. Immigration and Customs Enforcement officer.

He was back in the hospital by Monday night, his attorney said.

Wilber Rafael Garces Perez is 28 years old.

He was taken to a Texas detention center with a bullet still in his back.

Perez was making a DoorDash delivery in Austin on Sunday.

ICE officers in an unmarked truck sideswiped his car twice, attorney Kate Lincoln-Goldfinch said.

She said the officers rammed his car and shot him in the back of the neck.

He was trying to park at the time.

He was treated at a hospital but released into ICE custody later Sunday.

The bullet was still inside him.

Speaking by phone Monday, Perez said doctors did not remove the bullet.

He said this is because it is near his spine.

He said ICE pushed for his quick release so it could move him to a detention center.

He said he got no pain medication there and slept on the floor.

Later, a nurse gave him a pill.

Lincoln-Goldfinch said Perez had been held at the South Texas ICE Processing Center in Pearsall.

It is about 130 miles southwest of Austin.

She said he told her he was being interrogated.

The Department of Homeland Security said it is investigating the shooting.

The man is a Venezuelan in the U.S. illegally who had a final order of removal.

It has not said what prompted the shooting.

Lincoln-Goldfinch said Perez entered the U.S. legally in 2024 through the CBP One program.

She said he had a valid work permit.

She said a judge issued a deportation order after he missed a hearing.

The notice went to an old address.

U.S. Rep. Greg Casar called the hospital return a positive first step.

Local advocates and Democratic lawmakers called for an independent review of ICE use-of-force incidents.

They urged Congress to ban ICE traffic stops.