A federal judge in NY has temporarily halted the deportation of a pizza delivery driver who was detained earlier this month while out on a delivery.
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.
"Although we are disappointed that Pablo will remain detained, today's (emergency) stay is a victory for him and his family", Legal Aid Society supervising attorney Gregory Copeland said in a statement Saturday.
Villavicencio had been waiting for a green card application to process when he was arrested on June 1 at the Fort Hamilton garrison in Brooklyn where he was delivering a pizza.
"They treated me like a criminal".
According to Nathan's faculty page on New York University Law School's website, she worked as an Associate National Counsel for John Kerry's 2004 presidential campaign and then served a "voter protection coordinator" and adviser for the Obama campaign when he ran for office in 2008.
Villavicencio, an undocumented immigrant from Ecuador, didn't have a "valid Department of Defense identification" and was asked to get a daily visitors pass, Fort Hamilton said in a statement.More news: The New Command and Conquer
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Andrew Cuomo is offering free legal aid to the deliveryman who was detained while delivering pizza at a Brooklyn army base this week. They actually know me and the sergeant knows me for some time doing delivery, ' he said. Now, I'm going to be by myself, along with two kids.
He would have to get a waiver as people who have spent more than a year in the US illegally can't re-enter for a decade. "Please don't stop him, don't take him away from us", said Chica.
But when he reached the delivery address, he said, he was confronted by another officer and was asked to show another form of identification, which he did not have.
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 a result, his voluntary departure order became a final order of removal, Immigration and Customs Enforcement said.
Chica and the two girls attended a news conference in front of the army base Wednesday along with Brooklyn Borough President Eric Adams and City Councilman Justin Brannan. But Villavicencio disputes this: in an interview from the jail in New Jersey where he is now detained, he told Telemundo, "At no time did I sign a document".
Republican Rep. Dan Donovan, whose district includes the base, called criticism of the arrest "just more insanity".
He wrote that recent detentions by Immigrations and Custom Enforcement agents raise significant legal questions.