NEW YORK (CBSNewYork) – A man has filed a civil rights lawsuit after being shot in the face by a U.S. Immigration and Customs Enforcement agent earlier this month in Brooklyn.

Erick Diaz Cruz, 26, was wounded while visiting his mother on Feb. 6 in Gravesend.

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WEB EXTRA: Read The Civil Rights Lawsuit In The Case (pdf)

ICE agents arrived at his mom’s home to arrest her boyfriend, who authorities said was in the country illegally.

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ICE said its agents were physically attacked, but Cruz’s lawsuit alleges the shooting was unprovoked.

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Cruz was visiting on a tourist visa and lives in Mexico, where he is the assistant to his town’s mayor.

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Attorneys say he will have to live with a bullet in his neck for the rest of his life.