Federal judge stays deportation of New York pizza delivery man

Pablo Villavicencio and his two daughters

However, former government immigration lawyer Kerry Bretz said this was a "very high standard" to fulfill and Villavicencio's case may not be strong enough.

"Mr. 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 that warrant proper investigation and adjudication", the letter read in part.

Villavicencio was arrested on June 1st after delivering food to Fort Hamilton army base. A routine background check revealed there was a warrant for his arrest for immigration law violations.

Chica is a U.S. citizen, and they have two young daughters who were born in the United States.

He would have to get a waiver as people who have spent more than a year in the USA illegally can't re-enter for a decade.

An Army spokeswoman later told the Times that anyone trying to enter the base without a military ID gets a check, but Villavicencio said the sergeant came to the checkpoint and tried to stop his interrogation.

Cuomo, a Democrat, also told her that a state-provided attorney has talked with Villavicencio, who is being held at a New Jersey facility.

35-year-old Pablo Villavicencio, an undocumented immigrant from Ecuador, has been granted a temporary stay until July 20.

"Please ICE do the right thing with my husband", said Chica.

"My daughters need me", he added.

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"I am writing to request that your office launch an investigation into the conduct of ICE agents to ensure they are abiding by the rule of law", Cuomo wrote.

"So from the beginning, I've been explaining that Daddy's going to be working for a couple of days and he's not going to be at home". "He is the center of our family and our main support".

The Ecuadorian native ignored a court order to voluntarily leave the country in 2010 and instead married Chica, an American citizen, and settled down in Hempstead, LI.

"As such, his voluntary departure order became a final order of removal", she said. City Council member Justin Brannan asked the cameras.

New York Sen. Kirsten Gillibrand called the incident "shameful", and said the Trump administration's immigration policies are "inhumane, plain and simple" and do "not make our country safer".

"Sandra spoke to me as a mother of their two daughters - anxious for her husband and her children", he said in a statement.

Republican Rep. Dan Donovan, whose district includes the base, called criticism of the arrest "just more insanity".

He had been to the base several times before, presenting his NY city ID card that carries no mention of his immigration status.

New York Gov. Andrew Cuomo had asked federal homeland security officials to look into the case, saying recent detentions raise significant legal questions.

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