A judge on Wednesday temporarily halted the deportation of a Queens man facing expulsion to China and ordered authorities to release him.
Xiu Qing You, 39, of Flushing, has been in a detention center since last month, when he was arrested at an interview for a green card. His wife and two young kids are American citizens.
Judge Analisa Torres put a stay on his deportation until his case can be heard, and ordered his immediate release from lockdown in New Jersey. He was released Wednesday night, his lawyer said.
The federal government had wanted to deport him by July 1.
“He gets to go back to his family,” said Gregory Copeland of the Legal Aid Society, one of the lawyers representing him.
Elected officials and advocates rallied to You’s aid after the Daily News first reported on his plight last week.
You, who has a 6-year-old daughter and 4-year-old son with his wife, Yu Mei Chen, had an outstanding deportation order, but was eligible for permanent residency through his marriage.
“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,” Copeland said. “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.”