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.
BackgroundWhen can federal immigration agents use deadly force?

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.
Background: When can federal immigration agents use deadly force?
People in this case
Tricia McLaughlinDirectly involved
Timeline
13 timeline entries on this page. Dates: January 8, 2026 to September 16, 2026
January 2026
Jama expresses outrage after two people are shot in Portland
Reaction
Kayse Jama joined Portland officials at a January 8 press conference after a federal-agent shooting. He expressed outrage and demanded that ICE leave the community.
[01]Kayse Jama responds to the Portland federal-agent shooting
Jama's response at the January 8 press conference.
Kayse Jama responds to the Portland federal-agent shootingCity of Portland statement; Kayse Jama remarks after the January 8 press conference.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.
[02]NBC News
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.
[02]NBC News
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 McLaughlinOregon attorney general opens a state investigation
Oregon Attorney General Dan Rayfield said late on January 8 that the Oregon Department of Justice was opening a formal investigation into whether any federal officer acted outside the scope of their lawful authority in the shooting.
[03]The Washington Post
Source excerpt
“We have been clear about our concerns with excessive use of force by federal agents in Portland and nationally,” Oregon Attorney General Dan Rayfield (D) wrote on social media late Thursday, adding that his office was opening a formal investigation to examine whether “any federal officer acted outside the scope of their lawful authority.”
Washington Post report on the first day of official responses to the Portland shooting.
Oregon officials launch probe after Border Patrol agents shoot 2 in Portland · The Washington PostThe Washington Post, via Anchorage Daily News, Jan. 9, 2026Protests 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.
[04]Portland Police Bureau
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.
[05]The Washington Post
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.
[06]Oregon Public Broadcasting
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.
[07]KGW
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.
February 2026
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.
[08]KPTV
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
July 2026
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.
[09]Willamette Week
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
September 2026
Defense filing discloses bullet-removal incident at the scene
A defense sentencing memo filed September 11, 2026, and reported after its release on September 13, 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.
[10]KPTV
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 memoDefense forensic report says the shooter was not in the truck's path
Source release
A forensic engineering report commissioned by Niño-Moncada's federal defenders was made public in a September 11 court filing. It concluded that the truck hit the agents' rental car three times in maneuvers consistent with attempts to flee, and that the agent was not in position to be run into or over when he fired two shots. Federal prosecutors said in their own filing that the report supports the reasonableness of the shooting.
[11]Willamette Week
Source excerpt
The report was submitted to the federal public defender’s office, which represented the truck’s driver, a Venezuelan man named Luis Niño-Moncada. … It says the truck hit the Hyundai three times during the incident. It says the maneuvers were “consistent with attempts to flee the area.” It said two shots were indeed fired by a Border Patrol agent. And when this happened, the shooter was not in position to have been run into or over by the truck. … The feds argued that the report in fact “supports that the shooting officer’s reaction in shooting after the Tacoma nearly ran him over was reasonable in the face of such danger occurring within those brief seconds.” … He says that Niño-Moncada’s position is that the physical evidence and video are most consistent with the following story: The agent shot Niño-Moncada as the agent “moved towards the truck” and while the agent “was not in a position to be hit by the truck; he likely fired to prevent the truck from fleeing rather than in self-defense.”
Willamette Week report on the dueling sentencing filings of September 11, 2026, including a defense forensic report and the federal government's response.
Forensic Report on High-Profile Portland Shooting Undermines Trump Administration Account · Willamette WeekWillamette Week, Sept. 12, 2026Niño-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.
[12]Oregon Public Broadcasting
Source excerpt
Citing physical and video evidence, Niño-Moncada’s defense attorneys argued the Border Patrol officer who shot him that day had moved toward the Toyota and “was not in position to be hit by the truck; he likely fired to prevent the truck from fleeing rather than in self-defense.” … 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
Choose one response filter, or select All responses to see the full record.
1 matching response. Newest first.
Tricia McLaughlinDHS Assistant Secretary for Public Affairs, spokesperson for the Department of Homeland SecurityDirectly involvedBefore this statement
Agents shot and wounded Niño-Moncada and Zambrano-Contreras during a vehicle stop in a Portland hospital parking lot on the afternoon of January 8, 2026; initial reporting described the pair as unarmed.
"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."
Defended or excusedCase context: Was a Border Patrol agent justified in shooting Luis David Niño-Moncada and Yorlenys Zambrano-Contreras in Portland?
Full statement and sources
DHS spokesperson Tricia McLaughlin said the Border Patrol agent fired in self-defense because Niño-Moncada used his truck to try to run over agents during the vehicle stop.
After the statement
Federal prosecutors later told a court they were not suggesting Niño-Moncada was a gang member, and in July 2026 dropped the aggravated-assault charge tied to the alleged vehicle attack, accepting a guilty plea to a lesser property-damage charge instead.
2 people shot by Border Patrol agent in Portland identified by DHS · NBC Newsparagraphs quoting DHS spokesperson Tricia McLaughlinWhy this label?
McLaughlin's statement defends the agent's decision to shoot by characterizing the driver's actions as a deadly threat that justified defensive force, directly excusing the use of force at issue in this case.
This label describes the statement's response within the context above.
Sources
(32)
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
Official statement
Kayse Jama responds to the Portland federal-agent shooting
Relevant passage: City of Portland statement; Kayse Jama remarks after the January 8 press conference.
About this source
Jama's response at the January 8 press conference.
- Author
- City of Portland
- Published
- Accessed
Reporting
Forensic Report on High-Profile Portland Shooting Undermines Trump Administration Account
Relevant passage: Willamette Week, Sept. 12, 2026
Excerpt
"The report was submitted to the federal public defender’s office, which represented the truck’s driver, a Venezuelan man named Luis Niño-Moncada. … It says the truck hit the Hyundai three times during the incident. It says the maneuvers were “consistent with attempts to flee the area.” It said two shots were indeed fired by a Border Patrol agent. And when this happened, the shooter was not in position to have been run into or over by the truck. … The feds argued that the report in fact “supports that the shooting officer’s reaction in shooting after the Tacoma nearly ran him over was reasonable in the face of such danger occurring within those brief seconds.” … He says that Niño-Moncada’s position is that the physical evidence and video are most consistent with the following story: The agent shot Niño-Moncada as the agent “moved towards the truck” and while the agent “was not in a position to be hit by the truck; he likely fired to prevent the truck from fleeing rather than in self-defense.”"
About this source
Willamette Week report on the dueling sentencing filings of September 11, 2026, including a defense forensic report and the federal government's response.
- Author
- Andrew Schwartz
- Published
- Accessed
Official statement
Rep. Hoyle's statement on Portland shooting
Relevant passage: Press release, January 8, 2026
Excerpt
""Two people were shot today by DHS. Part of me feels angry. Part of me feels exhausted. And part of me feels helpless. But I do know this: we can’t give up. We have to urgently investigate the facts and make our voices heard peacefully," said Rep. Hoyle. "We cannot allow these acts of violence to be normalized. Over the past year, the actions of Trump’s federal immigration forces and propaganda machine have shown us that they have gone beyond making our neighborhoods safer, inciting violence and ripping families apart. We need deescalation and ICE out of Portland now.""
About this source
Hoyle's official statement issued the day of the Portland shooting.
- Author
- Office of Rep. Val Hoyle
- Published
- Accessed
Reporting
Oregon officials launch probe after Border Patrol agents shoot 2 in Portland
Relevant passage: The Washington Post, via Anchorage Daily News, Jan. 9, 2026
Excerpt
"“We have been clear about our concerns with excessive use of force by federal agents in Portland and nationally,” Oregon Attorney General Dan Rayfield (D) wrote on social media late Thursday, adding that his office was opening a formal investigation to examine whether “any federal officer acted outside the scope of their lawful authority.”"
About this source
Washington Post report on the first day of official responses to the Portland shooting.
- Author
- Casey Parks, Daniel Wu, Andrew Jeong
- Published
- Accessed
Official statement
MEDIA RELEASE: Board of Commissioners releases statement on federal shooting in East Portland
Relevant passage: Body of the release
Excerpt
"What we can say now is enough is enough. The terror and violence ICE is causing in our neighborhoods must end now."
About this source
Multnomah County media release from the Board of County Commissioners, dated January 8, 2026.
- Published
- Accessed
Official statement
Leaders urge calm and demand halt to ICE operations after federal agents shoot two in SE Portland
Relevant passage: Section headed City Councilor Loretta Smith
Excerpt
"what happened today is so unconscionable and another example of the federal administration's overreach. This cannot continue"
About this source
City of Portland news article on the January 8, 2026 press conference by local leaders, with statements from officials.
- Published
- Accessed
Official statement
Congresswoman Bynum: “This Isn’t Law Enforcement, It’s State-Sponsored Terrorism”
Relevant passage: Body of the press release
Excerpt
"Today, Congresswoman Janelle Bynum (OR-05) released the following statement after U.S. Customs and Border Protection agents shot two people in Portland."
About this source
Press release from Rep. Janelle Bynum's congressional office, dated January 8, 2026.
- Published
- Accessed
Reporting
Oregon's attorney general to investigate shooting by federal agent in Portland
Relevant passage: Opening paragraphs (investigation announcement) and the paragraphs on DHS's account
Excerpt
"Oregon Attorney General Dan Rayfield said on Thursday night that the state Department of Justice will investigate a shooting by a federal officer in the city of Portland earlier in the day that wounded two people."
About this source
KATU report published the evening of January 8, 2026 on the Oregon Department of Justice's decision to investigate the shooting.
- Author
- Steve Benham, KATU
- Published
- Accessed
Official statement
Attorney General Dan Rayfield Statement on January 8th Shooting in Portland Involving Federal Agents
Relevant passage: Full text of the news release
Excerpt
"We are deeply troubled by reports that two people were shot and injured in Portland today during an incident involving federal agents."
About this source
News release from the Oregon Department of Justice, issued by Attorney General Dan Rayfield on January 8, 2026.
- Published
- Accessed
Reporting
Oregon Republicans respond to Border Patrol shooting in Portland
Relevant passage: Quotes from Republican legislators at a Sunday press conference in Salem
Excerpt
"They held a press conference Sunday morning to share their thoughts on the incident."
About this source
KGW report on a press conference held by Republican legislators in Salem on January 11, 2026.
- Author
- Jake Holter
- Published
- Accessed
Original post
Councilor Candace Avalos post on which federal agency was involved
Relevant passage: Single post
Excerpt
"We have not confirmed that the agents who shot our neighbors were with ICE or if they were with another federal agency."
About this source
Post from the official Bluesky account of Portland City Councilor Candace Avalos on the evening of the shooting.
- Published
- Accessed
Original post
Suzanne Bonamici post on Portland shooting
Relevant passage: Two-post thread
Excerpt
"Federal agents just shot two people in Portland. Minneapolis yesterday, Portland today. This violence must stop now."
About this source
Rep. Suzanne Bonamici's own posts on Bluesky reacting to the shooting on the day it occurred.
- Published
- Accessed
Reporting
UPDATE: Federal agents shoot, injure 2 in East Portland
Relevant passage: Roundup of officials' statements, each under the speaker's name
Excerpt
"Local and state officials have released the following statements:"
About this source
Portland Tribune report on the shooting that collects statements from local, state and federal officials.
- Author
- Hannah Seibold
- Published
- Accessed
Reporting
Politicians respond after two people shot, injured by federal agents in Portland
Relevant passage: Officials' statements, each under the speaker's name
Excerpt
"Local politicians were quick to issue statements responding to the shooting in Portland."
About this source
KATU report that collects statements from Oregon officials on the day of the shooting.
- Author
- KATU Staff
- Published
- Accessed
Official statement
Dexter Statement on Shooting in Portland
Relevant passage: Body of the press release
Excerpt
"Today, Congresswoman Maxine Dexter, M.D. (OR-03) issued the following statement on the shooting of two individuals in Portland by immigration enforcement agents:"
About this source
Press release from Rep. Maxine Dexter's congressional office, dated January 8, 2026.
- Published
- Accessed
Reporting
Multnomah County DA, Sen. Merkley speak about CBP shooting in Portland
Relevant passage: Article text on Merkley near the end; the image caption states the DHS account
Excerpt
"He called for a thorough investigation, and stressed the need for transparency and accountability."
About this source
KATU's write-up of its January 11, 2026 Your Voice, Your Vote segment with the Multnomah County District Attorney and Sen. Merkley, with links to both interviews.
- Author
- KATU News
- Published
- Accessed
Interview
Oregon Sen. Merkley reacts to federal agent shooting 2 people in Portland
Sen. Jeff Merkley speaks about the Border Patrol shooting of two people in Portland, in a KATU interview, January 2026.
Excerpt from 1:25 to 2:06 of the KATU video. Taken from KATU's own video page, a cut of the same interview as the KATU YouTube upload cited for this source. DI added its logo in the corner.
Video: KATU. Excerpt used for news reporting and commentary
Watch the full original video (opens in a new tab) (relevant passage: Video, about 1:12 to 1:35 (answer to the host's question about what he has learned about the shooting); the quotation is our transcription of the audio)
Excerpt
"this story may be absolutely accurate. We don't know. And there are no videos as to what happened at that location."
About this source
KATU News interview with Sen. Jeff Merkley about the January 8, 2026 shooting in Portland, posted on KATU's YouTube channel and aired in its Your Voice, Your Vote program.
- Author
- KATU News
- Published
- Accessed
Official statement
Venezuelan National Unlawfully Residing in the United States Sentenced for Damaging Government Vehicle
Relevant passage: Fourth paragraph of the release (the paragraph beginning 'As part of his plea agreement')
Excerpt
"It was only after defendant struck the government car twice, within just a few feet of the officers’ positions, and with one officer in the path of the truck, that a government officer fired two shots at defendant."
About this source
Press release from the U.S. Attorney's Office for the District of Oregon dated September 16, 2026, announcing the sentencing of Luis Niño-Moncada. It gives the office's account of the January 8, 2026 stop and of the plea agreement.
- Published
- Accessed
Official statement
Portland Mayor Issues Statement Following Hazelwood Neighborhood Shooting
Relevant passage: Statement from Portland Mayor Keith Wilson, published January 8, 2026, 3:45 p.m.
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
Mayor Keith Wilson's statement on the city's website, published at 3:45 p.m. on January 8, 2026, the afternoon of the shooting in the Hazelwood neighborhood. It calls on ICE to end all operations in Portland until a full investigation can be completed.
- Author
- Keith Wilson
- 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
"Citing physical and video evidence, Niño-Moncada’s defense attorneys argued the Border Patrol officer who shot him that day had moved toward the Toyota and “was not in position to be hit by the truck; he likely fired to prevent the truck from fleeing rather than in self-defense.” … 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
Corrections
(1)
Corrections address errors in our reporting or labels. When a speaker changes their position, we add a separate statement and link it to the earlier one.
Reporting correction
Correction to: Was a Border Patrol agent justified in shooting Luis David Niño-Moncada and Yorlenys Zambrano-Contreras in Portland?
- Previous language
- 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.
- Corrected language
- A defense sentencing memo filed September 11, 2026, and reported after its release on September 13, 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.
We dated the disclosure to court filings unsealed September 13, 2026. KPTV and OPB report that the information came from a defense sentencing memo filed Friday, September 11; KPTV reported it on September 13. The timeline entry is now dated September 11 and describes the filing.
This corrects our account of what happened.
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.
Archived copy (opens in a new tab)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.
Archived copy (opens in a new tab)Share or embed this case
The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the case page.
Cite this record
- Publisher
- The Dispute Index
- Title
- Was a Border Patrol agent justified in shooting Luis David Niño-Moncada and Yorlenys Zambrano-Contreras in Portland?
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/border-patrol-shooting-nino-moncada-zambrano-contreras-portland
The Dispute Index. "Was a Border Patrol agent justified in shooting Luis David Niño-Moncada and Yorlenys Zambrano-Contreras in Portland?". First published: 2026-07-13. Last updated: 2026-10-06. https://disputeindex.com/cases/border-patrol-shooting-nino-moncada-zambrano-contreras-portland