Published: Mon, June 11, 2018
Global | By Marsha Munoz

LI pizza delivery man granted stay of deportation

LI pizza delivery man granted stay of deportation

A NY federal judge on Saturday blocked officials from deporting a Brooklyn pizza deliveryman who was detained by immigration authorities when he tried to deliver an order to a military base, his attorneys said.

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 US residency and hopefully be reunited with his family, legal aid said.

Judge Alison J. Nathan of the U.S. District Court for the Southern District of NY ordered Saturday evening for the government to show why a temporary preliminary injunction should not be granted in the case of Pablo Villavicencio Calderon, an Ecuadorean immigrant, according to Villavicencio's lawyers. "They're going to separate my daughters from him". He slammed the detainment as an "outrageous affront" to NY values.

Military police enter the Fort Hamilton military base in Brooklyn, June 7, 2018, in New York City. "I did not commit a crime", he said in Spanish.

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Cuomo offered Villavicencio free legal representation and services through the Liberty Defence Project, a state-led project to assist immigrants. "Now, I'm alone with two kids". They actually know me and the sergeant knows me for some time doing delivery, ' he said. A routine background check revealed there was a warrant for his arrest for immigration law violations.

Villavicencio, the father of two little girls who were born in the United States, came to the US a decade ago.

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

But he remains locked up at an Immigration and Customs Enforcement detention center in Kearny, N.J., pending arguments over his motion for a writ of habeas corpus and a temporary injunction barring his deportation.

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Villavicencio's case has caught the attention of New York City activists, including the New York Immigration Coalition and Make the Road New York, a political group advocating on immigration issues.

He said he showed his New York State identification card at the security gate and was allowed inside.

'He called the NYPD and the NYPD told him I didn't have any record, that I was clean. Brooklyn City Councilman Justin Brannan said.

A GoFundMe page to cover his legal expenses and help his wife and children has so far raised $28,000 in four days.

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At a press conference in Federal Plaza, Villavicencio's attorneys and supporters called on ICE to recognize the stay, and urged Governor Andrew Cuomo to take further action to protect New York's immigrant community.

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