After learning he won’t be allowed bail from ICE custody as he awaits the ruling of his deportation appeal, the Real Housewives of New Jersey star Teresa Giudice‘s husband would prefer to go to Italy voluntarily.
According to federal court papers obtained by Radar Online, the convicted felon filed a “lift stay” on September 24, asking the judge for permission to reside in Italy while he waits on his legal proceedings.
Joe has previously described the conditions of ICE as being “horrible,” according to his attorney, so it’s no surprise he’s seeking refuge in any way he can — even if that means leaving his wife and daughters behind in the United States.
“Given the hardship to Mr. Giudice and his family from his continued detention, the balance of irreparable harm has shifted and the Petitioner has asked that the stay be lifted so that he could be released from USICE custody and returned to Italy during the pendency of this case,” states the court documents filed by Thomas Moseley, Joe’s lawyer.
However, according to Michael Wildes, an immigration attorney that was interviewed by Radar, Joe’s “Hail Mary” attempt was an “uphill fight given his adverse history.” Upon requesting the “lift stay,” the father-of-four made it clear to the judge that while he’d be away, he’d still planned on fighting for his deportation appeal.
Even so, the immigration attorney warned that because of Joe’s criminal history, leaving would likely prevent him from coming back to the U.S. for an extended period of time.
“When he departs the United States, he will be deemed to have been ordered removed by a judge and will be inadmissible to the United States for at least 10 years, if not indefinitely for his adverse criminal history,” Michael explained.
The immigration attorney, who doesn’t represent Joe, explained that the 47-year-old is not “eligible for voluntary deportation,” due to the nature of his crimes, and the government will likely “stipulate” and agree to send him back to Italy after his travel documents are in order, potentially within 30 days, according to the report.
“I think that the lawyers did an admiral job for their client, but the law is stacked up against them,” Michael admitted. “This underscores in real life the reality we face in our field every day. It is all drama and heartbreaking.”
But apparently, all hope is not lost. According to another immigration attorney named Jeffrey Feinbloom (who doesn’t represent Joe), the reality star’s husband still has a chance of coming back to the U.S. if he leaves for Italy voluntarily.
“If the 3rd circuit overturned the removal order, ICE would be compelled to bring him back,” the immigration attorney said. “Colleagues have had difficulty bringing their clients back when they have their deportation overturned. The onus should be on the agency to bring them back as quickly and painlessly.”
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