Judge releases pizza delivery man seized by ICE while doing his job

Pablo Villavicencio, father of two US citizens, was arrested on June 1 while he was delivering pasta to a military base in Brooklyn, where army security agents questioned his identity and alerted the immigration authorities. At the time of his arrest, he was seeking legal status. But the US government sought to expel him as soon as possible, causing a tumult among activists and officials.

U.S. The decision of District Judge Paul A. Crotty on Tuesday, however, remains the removal of Villavicencio so that he can continue to pursue permanent residence. To deny him that opportunity, Crotty wrote in order, he would violate his rights.

"Although he illegally resided in the United States and is currently subject to a final removal order, he would have been a model citizen" Crotty, a man named George W. Bush, wrote in the newspaper. ;order. "The petitioner is married … a citizen of the US He now has two children, both American citizens, he has no criminal record, he has paid his taxes. And he worked diligently to provide for his family. "

Crotty's decision came hours after pleadings in the case Tuesday afternoon, a hearing that drew protesters in front of the palace of Manhattan federal justice The government argued that Villavicencio could continue its attempt for a green card in Ecuador – but Crotty, not convinced by the government's justification for deporting him, asked what purpose it would serve in the future. The interests of justice, what they want, and the poor suffer from what they should, "he said, according to several media reports. "I mean, is there a concept of justice here or are we doing this because we want it? Why do we want to apply the order? It is questioning about the purpose of Villavicencio's continued detention. : "What is the danger to the community of a man who has committed no crime?"

A spokesman for the US Attorney's Office in the Southern District of New York refused

Villavicencio illegally entered the United States in 2008 and agreed to voluntarily leave the country in 2010, according to Crotty's order.Instead, he stayed in the country, married Sandra Chica, a US citizen, and a family founder.In February, Chica helped him introduce a "petition for a foreign parent" asking the government to recognize Villavicencio as his wife, which is the first step in looking for a green card, according to the order.But before the Service de la Citizenship and Immigration of the United States can not process the form, Villavicencio was arrested.

This was a routine delivery, Villavicencio would soon be telling the New York Post behind bars. In fact, he had delivered pizza to the Fort Hamilton Army Garrison in the past and had no problem. But that day, June 1, another security guard questioned her New York identity card, finding her inadequate.

"He called the NYPD and the NYPD told him that I had no record." Villavicencio told the New York Post. "But the man said," I'm not sure "He said I had to wait and he called ICE."

Since then, Villavicencio missed Father's Day and the birthday of his eldest daughter, said Chica at a press conference Tuesday. . Activists from the Make the Road New York advocacy group galvanized the community in her defense, drawing support from city councilors and New York governor Andrew M. Cuomo (D), who called the detention of Villavicencio "inconceivable" and "A judge had already put an end to his immediate expulsion on June 10 in a last-minute reprieve while Villavicencio mounted his trial.

Tuesday, immigration lawyers of Chica and Villavicencio, of The Legal Aid Society and the law firm Debevoise & Plimpton, held a press conference arguing one last time for the release of Villavicencio before the hearing.The youngest daughter of Chica and Villavicencio had a birthday to come, said Chica.She and the girls could not stand her absence at the other.

"The absence of Pablo has caused us significant difficulties "said Chica." C It's not easy to become a single mother in one day. It's hard, being with two little girls, to be alone with all the responsibilities I have now. We hope that this nightmare will be over tomorrow and that my daughters will be able to be with their father again. We hope that the right thing will be done tomorrow. Is it really too much for me to ask to keep my family together? "

Crotty explained in his order that because USCIS was processing Villavicencio's" foreign parent petition ", the expulsion violated his rights under the Fifth Amendment and the USCIS. had already already scheduled an interview with Villavicencio, according to the order of Crotty Crotty wrote: [TRADUCTION] If Villavicencio's request is approved, his next step would be to obtain "permission to reapply." of admission "to the United States since he illegally entered the country, then he should obtain a" temporary dispensation of illegal presence ", which allows undocumented persons to seek United States before leaving for their country of origin for an interview at the consulate, which shortens the separation time.Their families in search of their immigrant visa.The Crotty order allows at least

Crotty indicated that he intended to issue a formal opinion beyond Villavicencio's habeas corpus ordinance.

Surrounded by partisans, Villavicencio left the correctional center of Hudson County in New Jersey around 9 pm. He kissed his wife, then he knelt down as his two daughters ran towards him. In Spanish and with a crisp voice, he shouted "I love you" and hugged them both.