Pizza Delivery Man Granted Emergency Stay Against Deportation

Pizza Delivery Man Granted Emergency Stay Against Deportation

The deportation of Pablo Villavicencio was imminent.

The Legal Aid Society says it has won an emergency stay for a pizza deliveryman who was fighting deportation from NY.

A federal judge, however, granted him an emergency stay until July 20, when the case will be heard in court.

Immigration agents arrested Pablo Villavicencio, 35, at the Fort Hamilton military base in Brooklyn, New York on Friday where he had gone to make a delivery.

"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", one of his lawyers, Gregory Copeland of the Legal Aid Society's Immigration Law Unit said, according to the group's Twitter account.

"ICE may feel confident in its legal position, but our client's confidence in the judiciary, as well as the will of the American people, is stronger", said Jennifer Williams, an attorney with the Legal Aid Society, which is representing Villavicencio.

Cuomo has assured Pablo Villavicencio's wife, Sandra Chica, that he will have legal counsel.

Natalia Aristizabal of Make the Road New York called Villavicencio "a man who wants nothing more than to stay with his wife and daughters".

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Justin Brannan, a member of the New York City Council whose district includes the Army base, said on Wednesday that Villavicencio had delivered to the base several times before without any issues.

A representative at the base told HuffPost that a routine background check was performed on him, which Villavicencio consented to. But a sergeant there regularly placed bulk orders, the New York Post wrote, and Villavicencio was used to the trip when he pulled up to the checkpoint around lunchtime on June 1.

In a Friday letter to Department of Homeland Security Acting Inspector General John Kelly, Cuomo said immigrant communities are being vilified and profiled as a result of ICE tactics.

Sandra Chica said she has no other family in NY.

Cuomo said the detention of the pizza shop worker and a recent raid on an upstate dairy farm show "reckless contempt for the constitution". "I call on your office to immediately investigate ICE tactics and ensure the rights of New Yorkers are being protected".

Judge Nathan's order says the government must keep Villavicencio within the New York City area.

Chica said she's been trying to convince the girls - Luciana, 3, and Antonia, 2 - that their father, illegal immigrant Pablo Villavicencio, is "out working".

"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.