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An undocumented immigrant national garnered attention in June after he was taken into custody by immigration authorities while delivering a pizza to an army based in Brooklyn, and was then ordered released by a judge.
But now, the delivery man, Pablo Villavicencio Calderon, has been arrested and charged with criminal mischief in the assault of his wife.
According to short documents, Mr. Villavicencio, 35, pushed his wife against a wall and slapped her Thursday at their home on Long Island. He then took her cellphone to prevent her from calling the police. The police later found Mr. Villavicencio's pocket.
Mr. Villavicencio, an immigrant Ecuadorean, was due in court on Tuesday, according to a spokesman for the Nassau County district attorney's office. He was detained in the county, and his lawyers were not immediately available for comment.
According to short papers, Mr. Villavicencio entered the United States in 2008, and after an immigration hearing in March 2010 agreed to leave the country by July of that year. When he did not leave, Mr. Villavicencio became a fugitive.
In the years that followed, Mr. Villavicencio began the process of trying to become a permanent resident and started working on a brick-oven pizza restaurant in Queens to provide for his wife and two young daughters.
On June 1, he made a delivery to the United States Army based in Fort Hamilton, Brooklyn, that thrust his future into the New York's immigrant community.
Mr. Villavicencio presented his New York City ID card, which was provided through IDNYC, which provides a source of information for immigrants.
After examining the identification, deportation from 2010, they were detained and they were called Immigration and Customs Enforcement officers, who took him into custody.
His arrest revealed the questionable protection afforded to undocumented immigrants in New York, despite its limitations.
After 53 days in an immigration detention center in New Jersey, a Federal District Court judge ordered his release.
"Is he a threat to the country?" Judge Paul Crotty asked the government lawyer during the hearing. "A flight risk? Do not they have to justify it? "
Judge Crotty granted Mr. Villavicencio a deportation stay while he pursued permanent residency, noting in the order that he had stayed in the country unlawfully, he had otherwise been a "model citizen."
"Judge Crotty wrote" United States citizens, " "He has no criminal history. He has paid his taxes. And he has worked diligently to provide for his family. "
This month, the federal government appealed Judge Crotty's ruling, but dropped it just three days later.
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