Pizza delivery man detained by ICE wins stay of deportation

Legal Aid Society lawyer Jennifer WIlliams who represents Ecuadorean restaurant worker Pablo Villavicencio shows the Application for Stay of Deportation or Removal she filed at the offices of the Immigration and Customs Enforcement in New York Friday

Pizza delivery man detained by ICE wins stay of deportation

A federal judge on Saturday temporarily blocked the deportation of a New York City pizza shop worker to his native Ecuador after he was arrested while making a delivery to a Brooklyn Army base.

Though he will remain in detention at the Hudson County Correctional Facility in Kearny, New Jersey - in the custody of ICE - the stay will allow Villavicencio to work on obtaining permanent USA residency and hopefully be reunited with his family, legal aid said.

"Although we are disappointed that Pablo will remain detained, today's stay is a victory for him and his family, and also for due process and the fair administration of justice", Gregory Copeland, the supervising attorney of the Immigration Law Unit at The Legal Aid Society, said in a statement to NBC New York.

'He'a supporting the family and now I'm going to be by myself with them'.

New York City Council Member Carlos Menchaca Chair of the council's Immigration Committee speaks at a news conference about Ecuadorean restaurant worker Pablo Villavicencio outside the offices of the Immigration and Customs Enforcement in New York Fr

'They've got two little kids, so she'd have to struggle as a single mom, ' he told the New York Post.

To do that he would need to show his wife would suffer "extreme hardship" without him, which Ray Fasano, former chair of the Federal Bar Association's immigration law said would be a "cake walk".

Cuomo had helped Villavicencio's family obtain free legal aid Friday in an effort to keep the deliveryman from being deported.

"I don't know what he meant when he said he'd find a lawyer", one Make The Road leader told Gothamist on Friday.

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Though he has no criminal record, Villavicencio did come to the USA illegally from Ecuador in 2008. "Now, I'm alone with two kids". Villavicencio's detention and a recent raid on an upstate dairy farm show "reckless contempt for the constitution", he said. "Please don't stop him, don't take him away from us".

In a letter to the ICE office in New York, New York Gov. Andrew Cuomo said Villavicencio's "expedited removal serves no legitimate public safety goal and the circumstances leading to his arrest and detention raise serious legal and policy concerns". "I did not commit a crime", he said in Spanish.

Fort Hamilton's public affairs office said security officers called ICE after discovering an active ICE warrant for Villavicencio in a routine background check.

Villavicencio was granted voluntary departure by an immigration judge in March of 2010 but failed to leave the country by that July.

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'He called the NYPD and the NYPD told him I didn't have any record, that I was clean.

"He was a tax-payer, contributor to our community entering this base, and now he went from being in this base - that's here to protect us - to prison", Brooklyn Borough President Eric Adams said.

When one guard said the card wasn't valid and that Villavicencio needed a driver's license, he replied that he didn't have one. Brannan asked, according to NPR's Joel Rose.

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