A federal judge has issued an emergency stay of deportation for Xiu Qing You, an immigrant father living in Queens who was detained by Immigration Customs and Enforcement last month, the Legal Aid Society announced Wednesday.
Attorneys with the nonprofit, which represents You, said the ruling also included an order for ICE to release him immediately from detention.
You, 39, had been held at the Bergen County Correctional Facility in New Jersey since he was detained by agents on May 23 during a mandatory interview related to a green card that was petitioned by his wife, who is a United States citizen.
“Today’s ruling is a sharp rebuke of ICE’s cruel and fanatical crusade to circumvent due process with the goal of tearing families apart,” Gregory Copeland, supervising attorney in the Immigration Law Unit at the Legal Aid Society, said in an emailed statement.
You, a father of two young children, has been living in Flushing since he came to the United States from China in 2000 to escape religious persecution, according to the Legal Aid Society. He had applied for asylum, but was denied and a final order of deportation was issued by the government.
Before he was detained by ICE, You ran a nail salon with his wife, Yu Mei Chen, 38, in Connecticut. He has no criminal history and paid taxes, according to Chen, who attended a rally on his behalf in Foley Square on Monday.
“Mr. You has lived without incident in this country for years, establishing a family and building a successful small business. Taking that away from him is the antithesis of what America should aspire to stand for,” Copeland said. “This decision should also provide hope for other immigrants that the judicial branch remains a bulwark against inhumane treatment.”
You will now be allowed to remain in the country while attorneys work to secure legal permanent status on his behalf.
