Pizza delivery man facing U.S. deportation order granted stay

Chica Pablo Villavicencio poses with his two daughters Luciana left and Antonia

Chica Pablo Villavicencio poses with his two daughters Luciana left and Antonia

Pablo Villavicencio and his two daughters.

"Mr. 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 that warrant proper investigation and adjudication", the letter read in part.

Villavicencio was detained June 1 by U.S. Immigration and Customs Enforcement while he was delivering a pizza to the Fort Hamilton military base in Brooklyn. The Army said he signed a waiver okaying a background check, and an active Immigration and Customs Enforcement warrant was discovered.

United States media report that his wife is a United States citizen and he has now filed an application for residency. He got married to Sandra Chica, a USA citizen, eight years ago and had filed an application for citizenship.

Cuomo, a Democrat, also told her that a state-provided attorney has talked with Villavicencio, who is being held at a New Jersey facility.

ICE spokeswoman Rachael Yong Yow said in March 2010 Villavicencio was granted voluntary departure by an immigration judge but failed to depart by July, as ordered.

"As a result of military police action at the Fort Hamilton Army Base, in accordance with the Department of Army Access Control standards for all visitors, an individual with a warrant was identified upon seeking entrance to the Fort", said Golden, a member of the Senate Committee on Veterans, Homeland Security and Military Affairs.

Legal Aid Society lawyer Jennifer WIlliams who represents Ecuadorean restaurant worker Pablo Villavicencio shows the Application for Stay of Deportation or Removal she filed at the offices of

"Please ICE do the right thing with my husband", said Chica. They actually know me and the sergeant knows me for some time doing delivery, ' he said. "Every day our daughters ask me why their dad is not coming home". "I heard that he's going to be deported next week".

UPDATE: Reached for comment, Richard Azzopardi, a spokesperson for Governor Cuomo's office, tells Gothamist, "We are in contact with Pablo's family and have offered legal and other supportive services free of charge". The voluntary departure order then "became a final order of removal", she said.

New York Sen. Kirsten Gillibrand called the incident "shameful", and said the Trump administration's immigration policies are "inhumane, plain and simple" and do "not make our country safer".

NBC New York reported that the couple have two daughters. "I'm listening", New York City Councilman Justin Brannan said.

Republican Rep. Dan Donovan, whose district includes the base, called criticism of the arrest "just more insanity". He showed his New York City identification card to the guard as he had done several times before, but it wasn't enough this time, his wife says.

In response to Villavicencio's arrest, New York Gov. Andrew Cuomo wrote two letters to high-ranking officials calling for an investigation into ICE and for Villavicencio's release.

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