MANHATTAN— An undocumented pizza delivery man who was detained by ICE agents and faced deportation after he delivered pizza to an Army base in Brooklyn has won an emergency stay, according to the Legal Aid Society.
The Legal Aid Society said the stay, which lasts until July 20, was granted based on a habeas corpus petition filed Saturday morning in the U.S. District Court for the Southern District of New York.
Pablo Villavicencio, 32, said he was delivering pizza, as he had done countless times before, to the Fort Hamilton Army Base on June 1.
He said he showed his New York State identification card at the security gate and was allowed inside.
But when he reached the delivery address, he said, he was confronted by another officer and asked to show another form of identification which he did not have.
Villavicencio was detained military officers, and an ICE agent. Since the arrest, he had not seen his family.
Despite the emergency stay, Villavicencio will remain in ICE custody but lawyers say this stay will allow him to pursue an adjustment of status for permanent residency in order to remain with his family.
The Legal aid society released a statement saying, “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.' 'The Court agreed with our argument that Pablo should be afforded a full and fair opportunity to present his case in Federal Court."