Feds Won't Challenge Judge's Decision to Free Pizza Deliveryman Detained at NYC Army Base - NBC New York

Feds Won't Challenge Judge's Decision to Free Pizza Deliveryman Detained at NYC Army Base

Pablo Villavicencio, 35, was detained June 1 in New Jersey after delivering pizza to the Fort Hamilton Army base in Brooklyn

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    NEWSLETTERS

    Judge Orders Detained Deliveryman Be Freed From ICE Custody

    The immigrant who was held for deportation after he delivered pizza to a Brooklyn Army installation has been released from lockup after a judge ordered his release. Ray Villeda reports. (Published Wednesday, July 25, 2018)

    What to Know

    • Federal prosecutors have decided not to appeal a federal judge's order to release a pizza deliveryman from an immigration detention facility

    • Pablo Villavicencio, 35, of Ecuador, was detained June 1 in New Jersey after delivering pizza to the Fort Hamilton Army base in Brooklyn

    • The detention came as he was in the process of seeking to establish legal residency and overcome a 2010 order to leave the country

    An Ecuadorian pizza deliveryman freed from an immigration detention facility by a judge who criticized the handling of the case will remain free after the government declined Friday to pursue an appeal.

    Attorneys notified the 2nd U.S. Circuit Court of Appeals in Manhattan that the government won't challenge a judge's July decision freeing Pablo Villavicencio.

    Gov. Andrew Cuomo, a Democrat, said in a statement that he wasn't surprised.

    "The federal government is admitting what we already knew - there was absolutely no legitimate reason to lock Mr. Villavicencio up and take him away from his family," Cuomo said.

    Emotional Reunion for Immigrant Dad After Release

    [NY] Emotional Reunion for Immigrant Dad After Release

    It's been an emotional reunion for the immigrant father who was released Tuesday after nearly two months in a detention facility. He talked Wednesday about what it's like to be back home on Long Island, and the fight that's still to come. Greg Cergol reports.

    (Published Wednesday, July 25, 2018)

    Villavicencio, 35, was detained June 1 in New Jersey after delivering pizza to the Fort Hamilton Army base in Brooklyn. The detention came as Villavicencio was in the process of seeking to establish legal residency and overcome a 2010 order to leave the country. He is married to a U.S. citizen. Their two young daughters also are U.S. citizens.

    Cuomo said his arrest "while he was doing his job was an outrageous affront to our New York values and raised serious concerns of ethnic profiling."

    When he ordered the release of Villavicencio over the summer, U.S. District Judge Paul Crotty said he didn't believe the detention was "accidental or random."

    "It should not be difficult to discern that families should be kept together rather than be separated by the thoughtless and cruel application of a so called 'zero tolerance' policy," Crotty wrote.

    Attorney General Jeff Sessions ordered the policy in April.

    Nicholas Biase, a spokesman for government attorneys, said a notice of appeal that had been filed while the government decided whether to pursue an appeal was withdrawn Friday.

    Detained NYC Immigrant Deliveryman Released

    [NY] Detained NYC Immigrant Deliveryman Released

    Pablo Villavicencio, the immigrant who was detained by ICE while delivering pizza to an Army base in Brooklyn, has been released from Hudson County Correctional Facility in New Jersey after nearly two months. He was immediately reunited with his family, including his two young daughters, outside the facility Tuesday night.

    (Published Tuesday, July 24, 2018)

    In a statement, The Legal Aid Society, which represented Villavicencio, said it was pleased that the government "fully withdrew their challenge to Mr. Villavicencio's hard-won release from immigration detention and his opportunity to pursue lawful status."

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