DOJ Charges Luis Nino-Moncada, Who Was Shot by Border Patrol in Portland
📅 January 13, 2026
✍️ Editor: Sudhir Choudhary, The Vagabond News
PORTLAND, Oregon — The U.S. Department of Justice has filed federal criminal charges against Luis Nino-Moncada, the man who was shot and wounded by U.S. Border Patrol agents during a confrontation in Portland last year, according to court records released Tuesday.
The charges come months after the high-profile shooting, which drew protests and renewed scrutiny of federal law-enforcement activity far from the U.S. border. Civil rights advocates and local officials had questioned why Border Patrol agents were operating in the city and whether the use of force was justified.
The Incident in Portland
Federal authorities say the encounter occurred during an operation involving Border Patrol agents assigned to a federal task force. According to prosecutors, agents attempted to detain Nino-Moncada in connection with an ongoing investigation when a confrontation escalated.
Officials allege that Nino-Moncada resisted and posed a threat to agents, leading one officer to fire a weapon. Nino-Moncada survived the shooting and was hospitalized with serious injuries. Authorities have not released the names of the agents involved, citing standard federal policy.
The shooting sparked immediate demonstrations in Portland, where residents expressed concern over the presence of Border Patrol agents — typically associated with border enforcement — operating hundreds of miles inland.
Federal Charges Filed
In the newly unsealed indictment, prosecutors accuse Nino-Moncada of multiple federal offenses, including assault on a federal officer and related weapons charges. The Justice Department alleges that his actions placed agents at risk during the encounter.
The indictment does not include charges related to immigration status, and officials have not indicated whether immigration enforcement played a role in the initial stop. Prosecutors emphasized that the charges stem from conduct during the confrontation, not from the shooting itself.
If convicted, Nino-Moncada could face significant prison time under federal sentencing guidelines.
Use-of-Force Review Remains Separate
The Justice Department said the criminal case against Nino-Moncada is separate from any review of the Border Patrol agents’ use of force. Federal officials have confirmed that internal reviews are ongoing, but have not announced whether agents will face disciplinary action or criminal scrutiny.
Legal experts note that it is not uncommon for prosecutors to move forward with charges against a suspect while use-of-force investigations involving officers proceed on a different timeline.
Civil liberties groups have criticized that approach, arguing that it can appear to prejudge incidents involving law enforcement.
Community and Political Reaction
The case has renewed debate in Oregon over the scope of federal policing and the authority of Border Patrol agents operating outside traditional border zones. Local officials in Portland have previously called for clearer limits and transparency regarding federal task force operations.
Advocacy groups supporting Nino-Moncada argue that charging a man who was shot by federal agents risks shifting attention away from questions about accountability and proportional use of force.
Federal officials reject that characterization, stating that the rule of law requires prosecutors to pursue criminal conduct regardless of injuries sustained during an encounter.
What Comes Next
Nino-Moncada is expected to appear in federal court in Portland for an initial hearing in the coming days. Defense attorneys have not yet publicly commented on the charges.
As the criminal case moves forward, attention is likely to remain focused on whether federal investigators will also complete and release findings related to the Border Patrol shooting itself — a decision that could further shape public trust in federal law enforcement operations.
Tags: Portland, Border Patrol, DOJ Charges, Federal Law Enforcement, Use of Force, Civil Rights
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