The temporary restraining order was sought by Garces Perez's attorney, Kate Lincoln-Goldfinch, who filed a federal lawsuit to prevent her client's deportation. Garces Perez, 28, is being held at a detention facility with a bullet lodged in his back. The gunshot fractured his clavicle, and he is wearing a sling while experiencing significant swelling and pain, Lincoln-Goldfinch said.
"For now, we have secured a temporary block on his deportation while his case moves forward," Lincoln-Goldfinch wrote on social media. "This is an important step, but our work is not over. Wilber still needs appropriate medical care, and we will continue fighting to protect his rights."
Lincoln-Goldfinch previously told the BBC that after Garces Perez was unable to move his arm at the detention facility, he was taken back to hospital on Monday evening, treated, and returned to detention. She said he was handcuffed, shackled at the ankles, placed in a waist chain, and handled roughly during the transfer despite his injury.
The Department of Homeland Security has said it is investigating the shooting but has not confirmed that Garces Perez was shot in the back. A spokesperson for the US Attorney's Office in Texas declined to comment on the case.
The incident follows a fatal shooting by an ICE officer in Houston earlier this year.