Was a Border Patrol agent justified in shooting Luis David Niño-Moncada and Yorlenys Zambrano-Contreras in Portland?
A Border Patrol agent shot and wounded two unarmed Venezuelan nationals in a Portland hospital parking lot on January 8, 2026. DHS says the driver weaponized his truck; charges against both were later reduced, and a bullet-removal incident drew scrutiny.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
This case classifies public responses to the January 8, 2026 shooting of Luis David Niño-Moncada and Yorlenys Zambrano-Contreras by a U.S. Border Patrol agent in the parking lot of an Adventist Health clinic in Portland's Hazelwood neighborhood. DHS spokesperson Tricia McLaughlin said the shooting was in self-defense because the driver 'weaponized his vehicle and attempted to run over the law enforcement agents.' Initial reporting described the pair as unarmed, and federal prosecutors later dropped the aggravated-assault charge and disclaimed an earlier gang-membership allegation, instead accepting a guilty plea to a lesser property-damage charge. A federal public defenders' filing also disclosed that a Portland police officer's body camera captured a Border Patrol agent attempting to remove a bullet from the scene before it was preserved as evidence. Statements collected here take a position on whether the agent's use of force against the two was justified, in light of the driver's account, the video and evidence-handling developments, and the allegations that were later walked back.
Timeline
10 timeline entries on this page. Dates: January 8, 2026 to September 16, 2026
January 2026
6 events
Border Patrol agent shoots Niño-Moncada and Zambrano-Contreras in Portland
Incident
A U.S. Border Patrol agent shot and wounded Luis David Niño-Moncada and Yorlenys Zambrano-Contreras in the parking lot of an Adventist Health clinic in Portland's Hazelwood neighborhood at about 2:15 p.m., during a vehicle stop by a team of Border Patrol agents. Agents said the driver put the truck in reverse and repeatedly struck an unoccupied rental vehicle used by the agents before an agent fired.
[01]2 people shot by Border Patrol agent in Portland identified by DHS
Source excerpt
Fearing for his life and safety, an agent fired defensive shots. ... the driver allegedly "weaponized his vehicle and attempted to run over the law enforcement agents."
Reporting quoting DHS Assistant Secretary Tricia McLaughlin's official account of the January 8, 2026 shooting, including the self-defense and 'weaponized his vehicle' characterization; also gives shooting time/location and initial victim identification.
2 people shot by Border Patrol agent in Portland identified by DHS · NBC Newsparagraphs quoting DHS spokesperson Tricia McLaughlinDHS says the shooting was self-defense and alleges gang ties
Claim
DHS spokesperson Tricia McLaughlin said the agent fired defensive shots after the driver 'weaponized his vehicle and attempted to run over the law enforcement agents,' and said the two were believed to have ties to the Tren de Aragua gang, with Zambrano-Contreras also alleged to be connected to a prostitution ring. Initial reporting described the pair as unarmed.
[01]2 people shot by Border Patrol agent in Portland identified by DHS
Source excerpt
Fearing for his life and safety, an agent fired defensive shots. ... the driver allegedly "weaponized his vehicle and attempted to run over the law enforcement agents."
Reporting quoting DHS Assistant Secretary Tricia McLaughlin's official account of the January 8, 2026 shooting, including the self-defense and 'weaponized his vehicle' characterization; also gives shooting time/location and initial victim identification.
2 people shot by Border Patrol agent in Portland identified by DHS · NBC Newsparagraphs quoting DHS spokesperson Tricia McLaughlinProtests and six arrests outside Portland ICE facility
Reaction
Hundreds of people protested near Portland's ICE facility and held a vigil at City Hall the evening of the shooting. Portland police made six arrests on charges including riot, second-degree disorderly conduct, and interfering with a peace officer.
[02]PPB Monitors Protest Activity Near ICE Facility; Six Arrests Made
Source excerpt
Six people were arrested on charges including riot, disorderly conduct in the second degree, and interfering with a peace officer.
Portland Police Bureau's official account of protest activity near the Portland ICE facility on the night of January 8-9, 2026, following the shooting, including the six arrests.
PPB Monitors Protest Activity Near ICE Facility; Six Arrests Made · Portland Police Bureaufull press releaseFBI says it has found no video of the shooting
The FBI, which opened an investigation into the shooting, said in a court filing made public January 12, 2026 that none of the six agents present was recording body camera footage and that investigators had found no surveillance or other video of the shooting.
[03]FBI says it has found no video of Border Patrol agent shooting 2 people in Oregon
Source excerpt
None of the six agents was recording body camera footage, and investigators have uncovered no surveillance or other video footage of the shooting.
Reports the FBI's court filing stating it had found no video of the shooting as of January 12, 2026, before the Fora Health surveillance footage was later disclosed in February 2026.
FBI says it has found no video of Border Patrol agent shooting 2 people in Oregon · The Washington Postfull articleNiño-Moncada and Zambrano-Contreras charged federally
Claim
Niño-Moncada was indicted on charges including aggravated assault of a federal officer with a deadly or dangerous weapon and depredation of federal property; Zambrano-Contreras was charged with improper entry by an alien. Both were released from hospital care into federal custody.
[04]Man shot by Border Patrol in Portland released from hospital, charged with assaulting federal officer
Source excerpt
Nino-Moncada was indicted on charges including aggravated assault of a federal officer and depredation of federal property; Zambrano-Contreras was charged with improper entry by an alien.
Reports the initial federal criminal charges filed against both Niño-Moncada and Zambrano-Contreras following the shooting, and their release from hospital custody into federal custody.
Man shot by Border Patrol in Portland released from hospital, charged with assaulting federal officer · Oregon Public Broadcastingfull articleZambrano-Contreras pleads guilty to illegal entry
Reaction
Zambrano-Contreras pleaded guilty to improper entry by an alien and was sentenced to a year of probation with a nighttime curfew, resolving her portion of the criminal case separately from Niño-Moncada's.
[05]Woman shot by Border Patrol in Southeast Portland pleads guilty to illegally entering the US
Source excerpt
Zambrano-Contreras pleaded guilty to improper entry by an alien and was sentenced to a year of probation.
Reports Zambrano-Contreras's guilty plea to the illegal-entry charge and her sentence of probation with a curfew, resolving her portion of the criminal case separately from Niño-Moncada's.
19 days between recorded events
February 2026
1 event
Nearby treatment center releases partial surveillance video
Source release
Fora Health, a treatment and recovery center across from the Adventist Health parking lot, publicly released surveillance video offering a partial view of the January 8 shooting, saying it had previously shared the footage with federal authorities. The release came roughly three weeks after the FBI said it had found no video of the incident.
[06]New video shows January shooting by Border Patrol in Portland
Source excerpt
In the interest of transparency, Fora Health is releasing video footage related to a shooting incident that occurred near our East Portland facility on January 8 at approximately 2:00 p.m.
Reports on surveillance video from Fora Health, a nearby treatment center, showing a partial view of the January 8 shooting; the footage had reportedly already been shared with federal authorities before its February 3 public release, weeks after the FBI said it had found no video of the shooting.
New video shows January shooting by Border Patrol in Portland · KPTVfull article, embedded surveillance video from Fora Health
175 days between recorded events
July 2026
1 event
Prosecutors drop assault charge and gang-membership allegation
Correction
Federal prosecutors told the court they were not suggesting Niño-Moncada was a gang member, dropped the aggravated-assault-of-a-federal-officer charge, and reached a plea agreement under which he pleaded guilty to the lesser charge of depredation of federal property.
[07]Feds Retreat From Most Serious Accusations Against Man Shot in Portland by Border Patrol
Source excerpt
We're not suggesting -- and we didn't make an argument to the court -- that he's a gang member.
Reports that federal prosecutors dropped the aggravated-assault charge and disclaimed the earlier gang-membership allegation against Niño-Moncada as part of a plea agreement to a lesser property-damage charge.
Feds Retreat From Most Serious Accusations Against Man Shot in Portland by Border Patrol · Willamette Weekfull article, quoting prosecutors' statement in court and plea agreement
47 days between recorded events
September 2026
2 events
Court filings disclose bullet-removal incident at the scene
Federal court filings unsealed September 13, 2026 disclosed that a Portland Police Bureau officer's body camera captured a Border Patrol agent attempting to remove an unfired .223-caliber rifle cartridge from the shooting scene before the officer intervened to preserve the evidence.
[08]Court filings reveal PPB caught Border Patrol agent picking up bullet at shooting scene
Source excerpt
PPB bodycam footage shows a PPB officer preventing a border patrol agent from interfering with the full preservation of physical evidence.
Reports on federal court filings, unsealed September 13, 2026, disclosing that a Portland Police Bureau officer's body camera captured a Border Patrol agent attempting to remove an unfired .223-caliber rifle cartridge from the shooting scene before being stopped.
Court filings reveal PPB caught Border Patrol agent picking up bullet at shooting scene · KPTVfull article, quoting federal public defenders' sentencing memoNiño-Moncada sentenced to time served, ordered deported
A federal judge sentenced Niño-Moncada to time served, about nine months in custody, plus $24,413 in restitution to the rental car company, after his guilty plea to depredation of federal property. He faces deportation to Venezuela and agreed not to contest removal.
[09]Venezuelan man shot by Border Patrol in Portland sentenced to time served
Source excerpt
Both sides felt very frightened and at risk.
Reports Niño-Moncada's September 16, 2026 sentencing to time served (about nine months) plus restitution, following his guilty plea to depredation of federal property and the dismissal of the aggravated-assault charge; he faces deportation to Venezuela.
Venezuelan man shot by Border Patrol in Portland sentenced to time served · Oregon Public Broadcastingfull article, quoting Judge Karin Immergut and AUSA Thomas Edmonds
Response record
Responses
Latest recorded positions: 5. Dates: January 8, 2026 to January 9, 2026
Choose one response filter, or select All responses to see the full record.
1 response on this page
Bob Day "Nothing that I’ve said today should be warranted in any way to affirm whatever happened yesterday."
Open source (opens in a new tab)Oregon Capital Chronicle report on Bob Day's January 9 press conferenceParagraphs beginning “With tears in his eyes” and “Even sharing this information,” after the press-conference accountChallenged the characterizationCase context: Was a Border Patrol agent justified in shooting Luis David Niño-Moncada and Yorlenys Zambrano-Contreras in Portland?
Why this label?
Day's statement rejects the use of unrelated gang-association information as support for the shooting. Because the case asks whether the Border Patrol agent was justified, this challenges a characterization used to bolster the federal account without reaching a final legal judgment.
This label describes the statement’s response within the context above.
Read context and background
Portland Police Chief Bob Day said the pair's possible gang association did not justify treating the federal shooting as affirmed.
Role at the time: Portland Police Chief
Before the statement
Day had disclosed that the two people shot had surfaced during an earlier investigation involving Tren de Aragua, while stressing that neither had been named as a suspect in that shooting.
After the statement
He warned that the association should not become wholesale approval of the federal agents' actions.
Oregon Capital Chronicle report on Bob Day's January 9 press conferenceParagraphs beginning “With tears in his eyes” and “Even sharing this information,” after the press-conference account
Sources
(13)
Reporting
2 people shot by Border Patrol agent in Portland identified by DHS
Relevant passage: paragraphs quoting DHS spokesperson Tricia McLaughlin
Excerpt
"Fearing for his life and safety, an agent fired defensive shots. ... the driver allegedly "weaponized his vehicle and attempted to run over the law enforcement agents.""
About this source
Reporting quoting DHS Assistant Secretary Tricia McLaughlin's official account of the January 8, 2026 shooting, including the self-defense and 'weaponized his vehicle' characterization; also gives shooting time/location and initial victim identification.
- Author
- NBC News staff
- Published
- Accessed
Reporting
Oregon Capital Chronicle report on Bob Day's January 9 press conference
Relevant passage: Paragraphs beginning “With tears in his eyes” and “Even sharing this information,” after the press-conference account
Excerpt
"Nothing that I’ve said today should be warranted in any way to affirm whatever happened yesterday."
About this source
The report quotes Portland Police Chief Bob Day's January 9 press conference and distinguishes the pair's possible gang association from any justification for the shooting.
- Author
- Julia Shumway, Alex Baumhardt, Mia Maldonado, and Shaanth Nanguneri
- Published
- Accessed
Official statement
PPB Monitors Protest Activity Near ICE Facility; Six Arrests Made
Relevant passage: full press release
Excerpt
"Six people were arrested on charges including riot, disorderly conduct in the second degree, and interfering with a peace officer."
About this source
Portland Police Bureau's official account of protest activity near the Portland ICE facility on the night of January 8-9, 2026, following the shooting, including the six arrests.
- Author
- Portland Police Bureau
- Published
- Accessed
Reporting
Woman shot by Border Patrol in Southeast Portland pleads guilty to illegally entering the US
Relevant passage: full article
Excerpt
"Zambrano-Contreras pleaded guilty to improper entry by an alien and was sentenced to a year of probation."
About this source
Reports Zambrano-Contreras's guilty plea to the illegal-entry charge and her sentence of probation with a curfew, resolving her portion of the criminal case separately from Niño-Moncada's.
- Author
- KGW staff
- Published
- Accessed
Reporting
Venezuelan man shot by Border Patrol in Portland sentenced to time served
Relevant passage: full article, quoting Judge Karin Immergut and AUSA Thomas Edmonds
Excerpt
"Both sides felt very frightened and at risk."
About this source
Reports Niño-Moncada's September 16, 2026 sentencing to time served (about nine months) plus restitution, following his guilty plea to depredation of federal property and the dismissal of the aggravated-assault charge; he faces deportation to Venezuela.
- Author
- OPB staff
- Published
- Accessed
Reporting
Feds Retreat From Most Serious Accusations Against Man Shot in Portland by Border Patrol
Relevant passage: full article, quoting prosecutors' statement in court and plea agreement
Excerpt
"We're not suggesting -- and we didn't make an argument to the court -- that he's a gang member."
About this source
Reports that federal prosecutors dropped the aggravated-assault charge and disclaimed the earlier gang-membership allegation against Niño-Moncada as part of a plea agreement to a lesser property-damage charge.
- Author
- Willamette Week staff
- Published
- Accessed
Reporting
Court filings reveal PPB caught Border Patrol agent picking up bullet at shooting scene
Relevant passage: full article, quoting federal public defenders' sentencing memo
Excerpt
"PPB bodycam footage shows a PPB officer preventing a border patrol agent from interfering with the full preservation of physical evidence."
About this source
Reports on federal court filings, unsealed September 13, 2026, disclosing that a Portland Police Bureau officer's body camera captured a Border Patrol agent attempting to remove an unfired .223-caliber rifle cartridge from the shooting scene before being stopped.
- Author
- KPTV staff
- Published
- Accessed
Reporting
FBI says it has found no video of Border Patrol agent shooting 2 people in Oregon
Relevant passage: full article
Excerpt
"None of the six agents was recording body camera footage, and investigators have uncovered no surveillance or other video footage of the shooting."
About this source
Reports the FBI's court filing stating it had found no video of the shooting as of January 12, 2026, before the Fora Health surveillance footage was later disclosed in February 2026.
- Author
- Associated Press
- Published
- Accessed
Reporting
New video shows January shooting by Border Patrol in Portland
Relevant passage: full article, embedded surveillance video from Fora Health
Excerpt
"In the interest of transparency, Fora Health is releasing video footage related to a shooting incident that occurred near our East Portland facility on January 8 at approximately 2:00 p.m."
About this source
Reports on surveillance video from Fora Health, a nearby treatment center, showing a partial view of the January 8 shooting; the footage had reportedly already been shared with federal authorities before its February 3 public release, weeks after the FBI said it had found no video of the shooting.
- Author
- KPTV staff
- Published
- Accessed
Original post
Ron Wyden post on Portland shooting
Excerpt
"I'm monitoring the first awful reports of two people shot in Portland by federal law enforcement. I'll keep you updated, but Trump's deployment of federal agents in my hometown is clearly inflaming violence -- and must end."
About this source
Senator Ron Wyden's own post reacting to the shooting on the day it occurred, characterizing federal agent deployment in Portland as inflaming violence.
- Author
- Ron Wyden
- Published
- Accessed
Reporting
Portland Mayor Decries Mounting Bloodshed, Tells ICE to Get Out After Federal Agents Shoot Two
Relevant passage: quoted statement from Mayor Keith Wilson
Excerpt
"We cannot sit by while constitutional protections erode and bloodshed mounts. Portland is not a 'training ground' for militarized agents, and the 'full force' threatened by the administration has deadly consequences. As mayor, I call on ICE to end all operations in Portland until a full investigation can be completed."
About this source
Reports Portland Mayor Keith Wilson's statement following the shooting, calling on ICE to halt operations in Portland pending investigation and questioning the federal government's account.
- Author
- Common Dreams staff
- Published
- Accessed
Reporting
Oregon Governor Tina Kotek reacts to Portland Border Patrol shooting
Relevant passage: video segment and accompanying written statement
Excerpt
"We are all shaken and outraged by another terrible, unnecessary violent event instigated by the reckless agenda of the Trump administration, this time in our own state, in our largest city."
About this source
Carries Governor Tina Kotek's written statement reacting to the January 8, 2026 shooting, attributing it to federal immigration-enforcement policy under the Trump administration.
- Author
- KGW staff
- Published
- Accessed
Reporting
Man shot by Border Patrol in Portland released from hospital, charged with assaulting federal officer
Relevant passage: full article
Excerpt
"Nino-Moncada was indicted on charges including aggravated assault of a federal officer and depredation of federal property; Zambrano-Contreras was charged with improper entry by an alien."
About this source
Reports the initial federal criminal charges filed against both Niño-Moncada and Zambrano-Contreras following the shooting, and their release from hospital custody into federal custody.
- Author
- OPB staff
- Published
- Accessed