Villavicencio Calderon v. Sessions et al, No. 1:2018cv05222 - Document 31 (S.D.N.Y. 2018)

Court Description: OPINION AND ORDER re: 1 PETITION FOR WRIT OF HABEAS CORPUS. For the foregoing reasons, the Court grants the petition for a writ of habeas corpus. The Court concludes that Respondents have attempted to strip the Petitioner's right to seek a provisional waiver with no explanation or justification. That is a violation of the APA and the Petitioner's due process right. Accordingly, the Court orders Respondents to stay removal of Petitioner from the United States until Petitioner e xhausts his right to seek a Provisional Unlawful Presence Waiver. Specifically, the Court orders Respondents to stay removal of Petitioner until the occurrence of one of the following events: (1) Denial of Petition for Alien Relative on his behalf ("Form I-130"); (2) Denial of his Application for Permission to Reapply for Admission ("Form I-212"); (3) Denial of his Application for Provisional Unlawful Presence Waiver ("Form I-601A"); or (4) Approval of Forms I- 130, I-212, and I-601A. The Court further orders Respondents to immediately release Petitioner from custody while the stay of removal is in force because removal is no longer reasonably foreseeable. Petitioner shall not be subject to ICE's supervision while the release order is in force. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/1/2018) (anc)