Lawyers for Oscar Belgal allege that an immigration officer fired into his car in New York without identifying himself first. Belgal was wounded in the neck, and his young son was in the back seat, they said in a petition seeking his release.

Belgal had picked up his son from school on Oct. 8 and was looking for parking when masked, armed men approached, according to the petition filed in Brooklyn federal court. His lawyers say one man broke the driver’s window before firing several shots.

Department of Homeland Security officials gave a different account. They said officers opened fire only after Belgal hit two government vehicles with his car and drove toward other officers.

New York City police security footage shows a man aiming a gun at the car and breaking the driver’s window. Belgal then pulls into the street and out of camera view. The footage does not settle the dispute over the shooting.