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Jose Fernando Andrade-Sanchez, 39, was charged with illegal reinstatement by a federal grand jury in Nashville, officials said, announcing the lifting of seals of court documents.
In Tennessee, he was convicted of common assault and, in a separate incident, for being falsely identified, according to court documents.
Will York, Andrade's lawyer for other legal issues, sent CNN a statement on the arrest.
"The arrest today is an unprecedented betrayal of the values of due process and legal representation," reads the statement. "Nashvilleers facing deportation are already facing significant challenges – they have to face their case and get their day in court."
ICE officials said that on September 5, two of its agents had tried to stop Andrade in the parking lot of an Antioch grocery store. A spokesman for ICE said that an officer had fired twice, hitting Andrade once, while he was driving his truck and was running away.
He went and was hospitalized.
The Tennessean newspaper reported that Andrade had been released the next day, citing his family's immigration lawyer.
Andrade does not have a lawyer, according to the federal public defender's office. He is due to appear for the first time in a US court on Wednesday.
Although ICE operations occur regularly in the United States, it is rare to hear of shots fired in public places during these operations.
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