A federal judge has suspended an undocumented Ecuadorean man's deportation after he was detained and reported to immigration officials earlier this month while delivering pizza to a military base in New York City.
Cuomo also said speed with which ICE is moving to deport Villavicencio threatens to violate his rights, his family's due process rights and creates "an unnecessary humanitarian crisis in New York State".
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.
Villavicencio was arrested on June 1 while making a pizza delivery from a Queens restaurant to an army base in Fort Hamilton, Brooklyn. "They're going to separate my daughters from him".
Sandra Chica said she has no other family in NY.
The attorneys said they will work with Villavicencio to help him secure valid immigration status.
Villavicencio family via Associated Press When Villavicencio arrived at Fort Hamilton, guards requested identification and he produced a city identification card.
"They treated me like a criminal".
Though he has no criminal record, Villavicencio did come to the USA illegally from Ecuador in 2008.
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'He called the NYPD and the NYPD told him I didn't have any record, that I was clean.
At that point, the woman said, he signed a waiver for a background check, and 'an active Immigration and Customs Enforcement warrant was discovered on file'.
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. He said that a state-provided attorney had talked with Villavicencio, who is being held at a New Jersey facility.
In an interview Sunday, Copeland told CNN that Villavicencio had been to the military base "many times" in the past to make similar deliveries.
"He was a tax-payer, contributor to our community entering this base, and now he went from being in this base - that's here to protect us - to prison", Brooklyn Borough President Eric Adams said.
He had been to the base several times before, presenting his NY city ID card that carries no mention of his immigration status. She has set up a GoFundMe page for support for the couple's daughters.
Democratic New York Gov. Andrew Cuomo asked federal homeland security officials to look into the case, saying recent detentions raise significant legal questions.
'Is our city or our nation any safer now that Pablo the pizza delivery man is off the streets?' Brannan asked.