The 35-year-old married father of two young girls was arrested on June 1 while making a delivery to the garrison in Fort Hamilton. A routine background check revealed there was a warrant for his arrest for immigration law violations.
In a letter to the ICE office in New York, the Democrat said Villavicencio's "expedited removal serves no legitimate public safety purpose and the circumstances leading to his arrest and detention raise serious legal and policy concerns." Villavicencio's wife, Sandra Chica, is an American citizen and their daughters, ages 2 and 3, were born in the US.
When he arrived at Fort Hamilton, guards requested identification and he produced a city identification card. A background check showed that Villavicencio had been ordered to leave the United States in 2010, but stayed.
Haskins said attorneys worked through the night preparing the emergency stay request that was argued in court today.
"Although we are disappointed that Pablo will remained detained, today's stay is a victory for him and his family, and also for due process and the fair administration of justice," said Gregory Copeland, the supervising attorney of Legal Aid's Immigration Law Unit.
"This decision is also a reminder that the judiciary can still serve as a powerful check when other branches of government make hasty, cruel and reckless decisions." The attorneys said they will work with Villavicencio to help him secure valid immigration status.
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)