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Bail hearing postponed for man facing federal charges after being shot by Border Patrol


New court documents filed in the case against a man shot by a Border Patrol agent in east Portland provided more details on his alleged connection to the Venezuelan gang, Tren de Aragua, and the alleged connections between his passenger – Yorlenys Zambrano-Contreras – and members of TdA and two shootings in the Portland metro.- DHS image

A bail hearing for 34-year-old Luis Nino-Moncada has been postponed till next Wednesday at the request of his lawyers, the hearing was expected to take place when Moncada appeared in court today.

Nino-Moncada faces federal charges for allegedly ramming a federal vehicle with his truck several times and attempting to hit border patrol agents. A federal grand jury indicted him on the charges Tuesday Afternoon. Jury trial is expected to begin in March.

If released on bail, it's likely he would be turned over to federal authorities and transported to an Immigration and Customs Enforcement (ICE) facility.

Federal agents shot both Moncada and his passenger, Yorlenys Betzabeth Zambrano-Contreras; him in the arm and her in the chest.

Both were hospitalized and then released into federal custody.

In court today, a bandage around Moncada's left triceps was visible and he appeared to be holding his arm at an angle. His lawyers informed the judge that he had missed a doctor's appointment for today's hearing and asked that the appointment be rescheduled in a timely fashion.

He pleaded not guilty today.

Nino-Moncada's lawyers declined to comment after the hearing.

PAST COVERAGE | Man shot by Border Patrol appears in federal court accused of vehicular assault on agents

The shooting took place at 2 p.m. on Thursday, Jan. 8 in the parking lot of a Portland Adventist Medical Center medical clinic on 10201 Southeast Main St.

According to the Department of Homeland Security (DHS), Border Patrol agents had been conducting a targeted enforcement mission in Portland and they were after Zambrano-Contreras.

Both Zambrano-Contreras and Nino-Moncada are Venezuelan nationals accused of entering the country illegally and missing their immigration check ins.

DHS says federal agents attempted to stop the red Toyota Tacoma Nino-Moncada was driving and asked both to exit the vehicle instead Nino Moncada allegedly tried to flee by "weaponizing" the vehicle; they were shot during that traffic stop.

The couple then fled to an apartment complex where they called 911 to receive medical attention.

RELATED | Court documents detail connections between TdA, Portland shootings and couple shot by feds

Zambrano-Contreras is being held at the ICE facility in Tacoma. Nino-Moncada is held in the Multnomah County jail, which has an agreement with the federal government to hold individuals facing federal charges.

Oregon sanctuary laws prohibit the county from holding individuals for the federal government when their charges are solely civil immigration charges. If an individual re-enters the country after being deported, they may face federal charges.

A lawsuit is currently questioning whether the county jail should be holding people on those charges.

In an email, John Plock, a spokesperson for Multnomah County Sheriff's office, affirmed that if Nino-Moncada is released on bail, he would be turned over to federal agents which likely means he would be transported to an ICE facility.

"If Nino Moncada is granted bail on his federal case, that would occur in U.S. District Court, and the U.S. Attorney’s Office would know – just like local prosecutors would know if a Multnomah County judge set bail in state court. MCSO does not notify any law enforcement agency that a person is pending release on bail," Plock's emails reads in part. "In this case, the only way MCSO would release Nino Moncada is if the U.S. Marshals removed their federal hold or transported him to another facility."

DHS claims both Nino-Moncada and Zambrano-Contreras are "members" of the transnational gang Tren de Aragua (TdA).

Court documents in the federal case against him allege that the victims of a previous shooting in Southeast Portland, allegedly committed by Nino-Moncada's associate, told investigators that his associate is a TdA member.

It is unclear if any other evidence exists that link Nino-Moncada to the transnational criminal organization.

Portland Police Chief Bob Day has stated that there exists a potential association with TdA.

It remains unclear if there is any evidence to connect Zambrano-Contreras, a sex worker charged with prostitution (a misdemeanor) in Washington County, to TdA.

Note: This is a developing story and will be updated with more information as it is received.