Thread: Judge halts deportation of detained NYC pizza delivery man

Judge halts deportation of detained NYC pizza delivery man

07/24/18 06:27 PM EDT


Pablo Villavicencio Calderon with his family. A judge on Saturday halted, at least for now, his deportation.

A federal judge on Tuesday granted a stay of deportation to the New York City pizza delivery man who was detained last month after delivering pizza to a military base.

U.S. District Judge Paul Crotty ruled that the man facing deportation, Pablo Villavicencio Calderon, may stay in the country for the time being, according to court documents posted by Courthouse News reporter Adam Klasfield.

“Is there any concept of justice or are we just doing what we want here?” Crotty asked during arguments over Villavicencio's detention on Tuesday, according to Courthouse News.

A soldier called Immigration and Customs Enfocement (ICE) on Villavicencio while he was delivering pizzas to a military base last month.

Villavicencio was then taken into immigration jail in Manhattan. He has been detained by ICE for 53 days, according to local news outlet WRAL.com.

Villavicencio, who is from Ecuador, received an open order of deportation in 2010 but did not leave the country. In 2013, he married a naturalized citizen and applied for permanent residency.

A judge earlier this month temporarily blocked Villavicencio's deportation, but no final decision has been made.

“There aren’t any words that can define the drama that my daughters and I are living,” Villavicencio's wife Sandra Chica said after he was detained. "From one moment to the next, life changed for us and all I ask for now is for them to not deport my husband, to give him an opportunity."

http://thehill.com/latino/398678-jud...a-delivery-man

“Is there any concept of justice or are we just doing what we want here?” Crotty asked during arguments over Villavicencio's detention on Tuesday, according to Courthouse News.

Villavicencio, who is from Ecuador, received an open order of deportation in 2010 but did not leave the country.

How is deportation not justice?

Why did ICE hold him for 53 days?

He had a deportation order in 2010.

Why didn't they deport immediately?

Immigrant held after Army base pizza delivery released

0

The Associated Press25 Jul 2018NEW YORK (AP) — An Ecuadorean immigrant who was held for deportation after delivering pizza to a Brooklyn Army installation walked out of an immigration detention center house hours after a judge ordered his immediate release.


Pablo Villavicencio exited the detention center shortly before 9 p.m. Tuesday. He was greeted with hugs from his jubilant wife and two young daughters. He thanked supporters and the media before being whisked away in an SUV.


U.S. District Judge Paul Crotty said Villavicencio, who was being held at a New Jersey lockup, can remain in the United States while he exhausts his right to try to gain legal status.


“Although he stayed in the United States unlawfully and is currently subject to a final order of removal, he has otherwise been a model citizen,” the judge wrote.


Villavicencio applied to stay in the U.S. after he married a U.S. citizen, with whom he has two young girls.


The judge cited those children and said they are U.S. citizens.


“He has no criminal history,” the judge wrote. “He has paid his taxes. And he has worked diligently to provide for his family.”


The U.S. government, which had wanted the case moved from New York to New Jersey, did not immediately comment on the judge’s action.


Adriene Holder, the attorney-in-charge of the civil practice at the Legal Aid Society, said the rule of “law, humanity and morality” prevailed and the Villavicencio family has “finally received a crucial measure of relief from their 53-day nightmare.”


“This decision should serve as a rebuke against the Trump Administration and its merciless crusade to tear families apart,” Holder said in a statement.


The judge ruled after hearing arguments earlier Tuesday, when he put a government lawyer on the spot over the effort by immigration authorities to enforce a 2010 deportation order. He questioned the need to detain and quickly deport Villavicencio, who’s 35 years old.


“Well, the powerful are doing what they want, and the poor are suffering what they must,” the judge said after hearing Assistant U.S. Attorney Joseph Cordaro defend the government’s actions.


“I mean, is there any concept of justice here or are we just doing this because we want to?” the judge asked. “Why do we want to enforce the order? It makes no difference in terms of the larger issues facing the country.”


Cordaro argued for the case to be transferred to New Jersey because Villavicencio is detained there. He said legal precedent dictated that New Jersey was the proper venue, an argument the judge rejected.


Cordaro said Villavicencio would still be able to pursue his application to become a legal U.S. resident after he is deported.


The case has attracted widespread attention amid a crackdown by the administration of President Donald Trump on illegal immigration. Trump, a Republican, has said his policies are designed to keep the country safe.


Gov. Andrew Cuomo, a Democrat, said the federal government has “cruelly” kept Villavicencio from his wife, Sandra Chica, and two daughters “for no legitimate reason.”


Villavicencio was arrested on June 1 while making a delivery to the garrison in Fort Hamilton. When he arrived at Fort Hamilton, guards requested identification, and he produced a city identification card. A background check showed he had been ordered to leave the United States in 2010 but stayed.


Villavicencio’s two girls, ages 2 and 4, played with toys on Tuesday as courtroom spectators around them observed the legal arguments. Villavicencio was not in court.


Another judge had already temporarily blocked his deportation.


https://www.breitbart.com/news/immigrant-held-after-army-base-pizza-delivery-released/

Of course I'm not lawyer, but I just don't get it. The guy was ordered deported back in 2010, which means he's been a criminal fugitive since then. The judge sites his criminal free record and the fact that he's being paying taxes. Well, the fact that he has been paying taxes is proof he's been employed illegally. Furthermore, is seriously doubt a father with two children working as a pizza delivery guy is really paying much in taxes. This also leaves me wondering how he paid his social security tax? How did he get a job without a social security number? How has he survived here for all of these years illegally with no social security number?

Why does a federal district judge get to completely ignore a deportation order that was issued by a federal immigration judge? Oh, that's right, one that lives by his own private set of rules and legislates from the bench!

Is the federal government appealing this ruling?

Originally Posted by MW

Of course I'm not lawyer, but I just don't get it. The guy was ordered deported back in 2010, which means he's been a criminal fugitive since then. The judge sites his criminal free record and the fact that he's being paying taxes. Well, the fact that he has been paying taxes is proof he's been employed illegally. Furthermore, is seriously doubt a father with two children working as a pizza delivery guy is really paying much in taxes. This also leaves me wondering how he paid his social security tax? How did he get a job without a social security number? How has he survived here for all of these years illegally with no social security number?

Why does a federal district judge get to completely ignore a deportation order that was issued by a federal immigration judge? Oh, that's right, one that lives by his own private set of rules and legislates from the bench!

Is the federal government appealing this ruling?

I hope they do.

I went looking for a statement from Pizza Hut about this, didn't find one.

Found this comment instead---shows how ignorant some are about military bases
------------------
He was delivering Pizza, not selling drugs, or committing any crime.

The only reason he got checked was because he was a Latino. If he was white they probably wouldn't have cared to check.
----------------------

If he had been deported in 2010 as he was supposed to, there wouldn't be 2 children, 2 and 4 to be considered!