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Pablo Villavicencio, 35, was arrested by the military police in June in Fort Hamilton while he was delivering an order in the Queens brick pizza restaurant where he was working. It was handed to Immigration and Customs Enforcement.
He was released from the Hudson County Correctional Center in Kearny, New Jersey on Thursday evening
"Thank you, thank you for everything," he said. "I am so happy."
The Legal Aid Society, an organization that provides legal aid to people living in poverty, said that a judge in the Southern District of New York granted a temporary injunction on Tuesday.
Villavicencio, originally from Ecuador, filed his card Green in February and was waiting for an answer he was detained, said his wife, Sandra Chica.
Chica is an American citizen and they have two daughters who were born in the United States
"Mr. Villavicencio was detained for 53 days, and is 53 days too long – this should never have happened to arrive, "said Governor Andrew Cuomo. "As the federal government continues its onslaught on immigrants, New York will stand alongside our immigrant communities and strive to uphold the values embodied by the (Statue of Liberty)."
The day he was detained, Villavicencio was trying to deliver a pizza to the Fort Hamilton Army Base in Brooklyn. He showed his New York identity card to a guardian as he had done it several times before, but the base said in a statement that he did not have the right piece identity, so he had to get a daily pass.
Villavicencio ended up "signing a waiver allowing a background check" , who revealed his deportation prompted the military police to call immigration officers.
The judge ruled Tuesday that Villavicencio, who illegally entered the country in 2008, has the right to seek a legal waiver to block his deportation order.
Judge Paul Crotty stated that Villavicencio, other than his immigration violations, had been a "model citizen". Villavicencio does not have a criminal history.
The decision follows the one that temporarily delayed his deportation this month.
Yilber Vega from CNN, Amir Vera and Polo Sandoval contributed to this report.
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