A federal court has temporarily blocked the deportation of a Venezuelan delivery driver shot by an ICE officer in Texas.

U.S. District Judge Orlando L. Garcia of the Western District of Texas, has scheduled a hearing for Sept. 30. He has ordered 28-year-old Wilber Rafael Garces Perez to appear in person.

Garces Perez was wounded in Austin, Texas, on Sunday while making food deliveries for DoorDash. Immigration and Customs Enforcement officers in an unmarked truck sideswiped Garces Perez's car before shooting him in the back, just below the neck, according to his attorney, Kate Lincoln-Goldfinch.

After four hours in an Austin hospital, Garces Perez was transferred to the South Texas ICE processing center early Monday with the bullet still inside him and without pain medication, said Lincoln-Goldfinch. He was brought back to the hospital later after losing movement in his arm, his attorney said, where he was given morphine and treated for a suspected fractured collarbone. He returned to federal custody Monday night. The bullet still hadn't been extracted, Lincoln-Goldfinch said Tuesday.

A spokesperson for the health network that operates Dell Seton Medical Center, where Garces Perez was treated, said the hospital followed protocol regarding interactions with law enforcement during his care.

Garces Perez was the subject of a targeted traffic stop because of his legal status and is now receiving round-the-clock medical care, including pain medication, according to Homeland Security. The agency denied any involvement in the decision to leave the bullet in Garces Perez's back.

"This person is an illegal alien who has no legal status to be here and has been given some of the best medical care he's ever received in his life," Homeland Security Secretary Markwayne Mullin said. Homeland Security Investigations and the Federal Bureau of Investigation will investigate the incident.

The Travis County District Attorney's office said the shooting may have violated state law and requested access to evidence for local investigators and the Austin Police Department. Garces Perez's attorneys hope to secure him a U visa, granted to crime victims, so he can remain in the country to assist in the investigation, according to court filings.

Garces Perez was in the U.S. illegally and had a deportation order, according to the Department of Homeland Security. His attorney said he entered the country legally and held a valid work permit until an immigration court ordered his deportation in absentia. The deportation order was due to a clerical error, his attorney said.

"The immigration court sent a notice for a hearing to an old address," Lincoln-Goldfinch said. "Happens all the time. Not a reason to get shot in the street in the United States of America."