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The immigrant who delivered pizzas on a military base, was arrested

The immigrant who delivered pizzas on a military base, was arrested

"Please ICE do the right thing with my husband", said Chica.

"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", he said.

Cuomo had helped Villavicencio's family obtain free legal aid Friday in an effort to keep the deliveryman from being deported.

Chica told El Diario that a solider called ICE when Villavicencio delivered a pizza order to the base - something that he has done before.

The deportation of Pablo Villavicencio was imminent.

Villavicencio, who worked at Nonna Delia's pizzeria, an hour away by auto in Queens, produced a city identification card, but the official told him he wanted to see a state driver's license, Chica said.

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. He showed his New York City identification card to the guard as he had done several times before, but it wasn't enough this time, his wife says.

A representative at the base told HuffPost that a routine background check was performed on him, which Villavicencio consented to. The Army said he signed a waiver okaying a background check, and an active Immigration and Customs Enforcement warrant was discovered.

Villavicencio's legal counsel filed an emergency stay in motion. Villavicencio was detained by military police and handed over to ICE pending removal from the country.

According to Copeland, the sergeant, who was not named, unsuccessfully tried to intervene.

Villavicencio entered the country illegally in 2008, reports the Times, and he has no criminal record.

"The circumstances of this case, including the arrest and detention of Mr. Villavicencio and the remarkable speed with which it appears he is being removed, reflects a pattern of conduct which I have previously raised with ICE as unconscionable and seemingly targeted directly at NY residents", Cuomo said in the letter.

Democrat Andrew Cuomo requested the probe Friday in a letter to the Department of Homeland Security's inspector general.

The reprieve means Villavicencio, who is married to a US citizen and has two young children, will remain at an Immigration and Customs Enforcement detention facility in the USA until his case is adjudicated.

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. "He should be immediately released from ICE custody and an investigation should be launched into the circumstances of his arrest".

"There is absolutely no legitimate reason to proceed with an expedited removal, and to do so would be inhumane", Cuomo wrote.