ICE Caves To Political Pressure On Pizza Guy Detention
October 12, 2018, 11:58 AM
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Earlier: 

More Deep State actors within U.S. Immigration and Customs Enforcement (ICE) have caved to political pressure from illegal aliens and their lobbyists.  The infamous illegal alien pizza delivery guy has had deportation charges against him dropped and he will be allowed to pursue legal permanent residence in the United States.  Pablo Villavicencio is a long-time illegal alien with an outstanding deportation order.  There was no legal reason for a Federal Judge to order his release, but dropping the deportation charges and ending attempts to return him to custody is another example of saboteurs in DHS thwarting immigration enforcement.

There seems to be some confusion in the press about what occurred in court, but it may be that the culprit is not Lady DACA (Kirstjen Nielsen) at DHS, but Deep State Jeff Sessions at the Department of Justice (DOJ).

Let’s go to the Lying Press to try and figure this out.

The Department of Justice appears to be abandoning its effort to deport Pablo Villavicencio, the pizza deliveryman detained by ICE while dropping off a catering order at the Fort Hamilton army base in Brooklyn this summer. The abrupt reversal comes just three days after the Manhattan U.S. Attorney's Office moved to appeal a court ruling that permitted Villavicencio to remain with his wife and two daughters while he continued his application for permanent residency.

DOJ Abruptly Drops Effort To Deport Freed Pizza Delivery Worker Pablo Villavicencio,
By Jake Offenhartz, Gothamist, October 5, 2018

First strike for reporter Jake Offenhartz.  The DOJ is not trying to deport Villavicencio.  That is not the job of the DOJ.  The DHS is trying to deport Villavicencio.  And this particular court case is not about a deportation, it is about the detention of an alien during the removal process.

Strangely though, the DOJ, headed by a supposedly strong opponent of illegal immigration, Jeff Sessions, initially defended the ICE decision to keep Villavicencio in custody during removal proceedings.

Villavicencio, a ten-year resident of the United States with no criminal record, became a cause célèbre for immigration advocates following his arrest in June. After two months in detention, he was freed by U.S. District Judge Paul Crotty, who called the attempted deportation "thoughtless and cruel." On Tuesday, U.S. Attorney Geoffrey Berman initiated the process of appealing that decision, raising alarms that the Justice Department might still succeed in separating Villavicencio from his family.

But according to the Legal Aid Society, that request was rescinded by federal prosecutors on Friday. A spokesperson for the U.S. Attorney’s Office did not respond to a request for comment.

But for some strange reason, Sessions decided to order the U.S. Attorney Berman (or Berman decided on his own) to drop the defense of ICE’s custody determination and ICE’s desire to take Villavicencio back into custody.  Clearly either Sessions and/or Berman are working contrary to the President’s declared policy of maximum immigration enforcement.

However, DHS head Kirstjen Nielsen is not in the clear.  While Sessions might be dropping the ball in defending the custody decision of ICE, there are some problems with ICE Enforcement and Removal Operations (ERO) decision making in this case.  In a strange decision, ERO decided to place Villavicencio in custody and then not take action in his case.  Villavicencio is an illegal alien with an outstanding deportation order.  The standard procedure would have been to immediately remove Villavicencio.  The only delay would have been obtaining travel documents, which apparently were obtained.

The current article only mentions the issue of the appeal of the detention order.  The real question is if there remains any order prohibiting ERO from removing Villavicencio.  This is important, as an alien illegally in the United States cannot be granted residency while there is an outstanding final order of removal.  What is frightening is will Nielson allow U.S. Citizenship and Immigration Services (USCIS) to approve an adjustment of status application?  Furthermore, why hasn’t ERO removed Villavicencio?  ERO has a travel document for him, they can put him on the next flight!

Of critical import is the precedent that is being set.  With Deep State Jeff not appealing the illegal orders from the Judge Crotty to not only release Villavicencio, but enjoin his removal as well.  Both orders are illegal, as Congress has strictly limited the ability of judges to review final orders of removal and custody decisions.  There are many other cases similar to Villavicencio’s and interference by kritarchs will only be encouraged by the failure of Deep State Jeff to see this case through.

Time for President Trump to order Deep State Jeff back into the immigration fight.