Attorneys for Pablo Villavicencio, the delivery man detained by ICE while dropping off a pizza to Fort Hamilton in Bay Ridge last week, filed an emergency motion on Friday afternoon in an effort to halt the deportation of the husband and father of two.
Though he will remain in detention at the Hudson County Correctional Facility in Kearny, New Jersey - in the custody of ICE - the stay will allow Villavicencio to work on obtaining permanent USA residency and hopefully be reunited with his family, legal aid said.
The Legal Aid Society was able to obtain the temporary stay for Villavicencio after a hearing in Manhattan court Saturday.
Pablo Villavicencio was taken into custody after a background check at the garrison revealed he was wanted for immigration law violations.
"They treated me like a criminal. I confirmed with her that New York State, working with our partners, has secured pro-bono legal counsel to represent Mr. Villavicencio", he added in a separate tweet.
"But this time, the guard - whom he identified as African American - asked him for a valid identification document, and since he didn't have one, the soldier called immigration to arrest him", Chica told El Diario.
Earlier this week, Villavicencio spoke to KTLA sister station WPIX in NY from an ICE detention center in New Jersey.
"The older one, she always asks me why daddy's in the news, and I say, 'Oh, it's because he's doing a good job, '" she said.
"My daughters need me", he added. They actually know me and the sergeant knows me for some time doing delivery, ' he said.
"I have to lie because for her it's going to be hard to understand why daddy's in jail".
Villavicencio, the father of two little girls who were born in the United States, came to the USA a decade ago.
He also noted that his youngest daughter suffers from a congenital heart defect, and filed letters his behalf from US Sen. In March 2010, he was granted voluntary departure by an immigration judge, but failed to depart by July 2010 as ordered.
Villavicencio's case has caught the attention of New York City activists, including the New York Immigration Coalition and Make the Road New York, a political group advocating on immigration issues.
Cuomo, a Democrat, also told her that a state-provided attorney has talked with Villavicencio, who is being held at a New Jersey facility. "I'm listening", New York City Councilman Justin Brannan said. On June 1, Villavicencio-Calderon was detained by military police officers and turned over to ICE.
A GoFundMe page to cover his legal expenses and help his wife and children has so far raised $28,000 in four days.