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.
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.
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. "They're going to separate my daughters from him".
"The support from all corners of the city shows that New York City is supporting immigrants", she continued.
"The Legal Aid Society will continue to represent Pablo on immigration matters, and will work with him towards securing valid status".
Elected officials joined Villavicencio's wife and two young daughters for the press conference outside Fort Hamilton on Wednesday, slamming the delivery man's detention.
Andrew Cuomo is offering free legal aid to the deliveryman who was detained while delivering pizza at a Brooklyn army base this week. This time, however, they rejected it. "Now, I'm alone with two kids".
Villavicencio, the father of two little girls who were born in the United States, came to the USA a decade ago. "Please don't stop him, don't take him away from us". Villavicencio's detention and a recent raid on an upstate dairy farm show "reckless contempt for the constitution", he said.
Villavicencio ended up "signing a waiver permitting a background check", which revealed there was an active warrant for his deportation and prompted military police to call immigration agents.
In fact, Copeland claims that in the midst of being detained on June 1, Villavicencio called a high-ranking sergeant at the base for help. An ICE spokeswoman said he was "illegally present" in the country after he had been granted voluntary departure by an immigration judge in March 2010.
Cuomo, a Democrat, also told her that a state-provided attorney has talked with Villavicencio, who is being held at a New Jersey facility. Brooklyn City Councilman Justin Brannan said. Both politicians said they were seeking answers from Fort Hamilton.
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 objective and the circumstances leading to his arrest and detention raise serious legal and policy concerns".