Immigrant detained while delivering pizza now charged with criminal mischief

The Ecuadorean man detained by immigration officials while delivering a pizza to military base in New York City earlier this year was arrested for alleged criminal mischief as his immigration case continues to plays out, authorities said Monday.

Pablo Villavicencio was taken into custody at a Nassau County detention center in New York on a fourth-degree misdemeanor charge of criminal mischief, sources told NBC New York.

Villavicencio, 35, was accused of pushing his wife, slapping her and grabbing her phone after she said she going to call police during an argument last week, according to court documents.

The criminal mischief charge stems from the allegation that Villavicencio tried to prevent his wife from calling police on Thursday.

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Pablo Villavicencio, deliveryman at center of ICE deportation case
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Pablo Villavicencio, deliveryman at center of ICE deportation case
En esta imagen del 25 de julio de 2018, Pablo Villavicencio ingresa a una camioneta en donde lo esperan su esposa Sandra Chica, a la derecha, y sus hijas, después de ser liberado de la Correccional del condado de Hudson en Kearny, Nueva Jersey. (AP Foto/Julio Cortez, Archivo)
Pablo Villavicencio's wife Sandra Chica, center, and their two daughters, leave federal court after a hearing on his release, Tuesday July 24, 2018, in New York. Villavicencio, a pizza delivery man, was arrested and detained by Immigration and Customs Enforcement (ICE) after making a catering delivery to Fort Hamilton Army Base last month in New York. (AP Photo/Bebeto Matthews)
Luciana Villavicencio age 4, holds up a photo of her family on a cellphone during a press conference on June 18, 2018 regarding her father Pablo Villavicencio. - Ecuadorean Pablo Villavicencio was detained by Immigration and Customs Enforcement(ICE) after delivering a pizza to Fort Hamilton Army base in Brooklyn, and was detained despite being in the process of adjusting his immigration status. His wife and two daughters are all US citizens. (Photo by TIMOTHY A. CLARY / AFP) (Photo credit should read TIMOTHY A. CLARY/AFP/Getty Images)
Manifestantes protestan el martes 24 de julio de 2018 frente a un tribunal federal de Nueva York para exigir la liberación del ecuatoriano Pablo Villavicencio, quien fue detenido por las autoridades de inmigración tras entregar una pizza en una instalación del Ejército de Estados Unidos. (AP Foto/Bebeto Matthews)
Pablo Villavicencio, center, carries one of his daughters while walking with his other daughter moments after he was released from the Hudson County Correctional Facility, Tuesday, July 24, 2018, in Kearny, N.J. A judge on Tuesday ordered the immediate release of Villavicencio, an Ecuadorean immigrant who is being held at the facility for deportation after he delivered pizza to a Brooklyn Army installation. (AP Photo/Julio Cortez)
Protesters rally outside federal court Tuesday July 24, 2018, in New York, calling for the release of Pablo Villavicencio, who was arrested and detained last month by Immigration and Customs Enforcement (ICE) after making a catering delivery to Fort Hamilton Army Base. (AP Photo/Bebeto Matthews)
Luciana Villavicencio, 3, holds a smartphone photo of her father, Ecuadorean pizza shop worker Pablo Villavicencio, on Monday, June 18, 2018, in New York. He was arrested while making a delivery to a military base in Brooklyn. Pablo Villavicencio's family and attorneys submitted a formal request to immigration officials Monday demanding his immediate release. (AP Photo/Ted Shaffrey)
New York City councilman Carlos Menchaca speaks at a news conference outside federal immigration offices, Monday, June 18, 2018, in New York. He was voicing his support for Pablo Villavicencio who was arrested June 1 while delivering pizza to Fort Hamilton in Brooklyn. Villavicencio is being held on immigration law violations. Menchaca represents District 38 which includes Red Hook, Sunset Park, Greenwood Heights and portions of Windsor Terrace, Dyker Heights, and Borough Park. (AP Photo/Mark Lennihan)
Sandra Chica, center, the wife of Pablo Villavicencio, and her children, arrive for his court hearing at federal court, Tuesday July 24, 2018, in New York. Villavicencio, a pizza delivery man, was arrested and detained by Immigration and Customs Enforcement (ICE) after making a catering delivery to Fort Hamilton Army Base last month in New York. (AP Photo/Bebeto Matthews)
Sandra Chica, wife of Pablo Villavicencio, walks with their two daughters, Antonia and Luciana, bottom, as she leaves a news conference outside federal immigration offices, Monday, June 18, 2018, in New York. Villavicencio was arrested June 1 while delivering pizza to Fort Hamilton in Brooklyn. He is being held on immigration law violations. Chica is fighting his deportation. (AP Photo/Mark Lennihan)
Protesters, with slogans written on pizza delivery boxes, demonstrate outside Federal Court on July 24, 2018, in New York before a deportation hearing for Pablo Villavicencio. - Immigration agents arrested Villavicencio, 35, at the Fort Hamilton military base in Brooklyn, New York, where he had gone to make a pizza delivery. He had been to the base several times before, presenting his New York city ID card that carries no mention of his immigration status. But on June 1 he was he was asked by a military policeman for proof that he was a legal resident of the US. When he failed to produce the required documents, the soldier detained him and called Immigration and Customs Enforcement (ICE). (Photo by TIMOTHY A. CLARY / AFP) (Photo credit should read TIMOTHY A. CLARY/AFP/Getty Images)
NEW YORK, NY - JULY 23: Sandra Chica, wife of Pablo Villavicencio, hugs her daughter Luciana during an advocacy rally and press conference in support of Pablo Villavicencio, who was arrested and detained in early June by Immigration and Customs Enforcement (ICE) after making a catering delivery to Fort Hamilton Army Base in Brooklyn, July 23, 2018 at City Hall in New York City. Supporters of Villavicencio plan to rally in his support outside of the federal courthouse during his court hearing on Tuesday morning. (Photo by Drew Angerer/Getty Images)
IMMIGRATION COURT AT 26 FEDERAL PLAZA, NEW YORK, UNITED STATES - 2018/06/08: Make The Road New York members, The Legal Aid Society, and Council Member Carlos Menchaca held a rally outside the Immigration Court at 26 Federal Plaza in support of an emergency stay motion filed this afternoon for Pablo Villavicencio, recently detained by Immigration and Customs Enforcement (ICE) after delivering a pizza to Fort Hamilton Army base in Brooklyn, where a guard contacted ICE after running a background check on Villavicencio. (Photo by Erik McGregor/Pacific Press/LightRocket via Getty Images)
IMMIGRATION COURT AT 26 FEDERAL PLAZA, NEW YORK, UNITED STATES - 2018/06/08: Make The Road New York members, The Legal Aid Society, and Council Member Carlos Menchaca held a rally outside the Immigration Court at 26 Federal Plaza in support of an emergency stay motion filed this afternoon for Pablo Villavicencio, recently detained by Immigration and Customs Enforcement (ICE) after delivering a pizza to Fort Hamilton Army base in Brooklyn, where a guard contacted ICE after running a background check on Villavicencio. (Photo by Erik McGregor/Pacific Press/LightRocket via Getty Images)
IMMIGRATION COURT AT 26 FEDERAL PLAZA, NEW YORK, UNITED STATES - 2018/06/08: Make The Road New York members, The Legal Aid Society, and Council Member Carlos Menchaca held a rally outside the Immigration Court at 26 Federal Plaza in support of an emergency stay motion filed this afternoon for Pablo Villavicencio, recently detained by Immigration and Customs Enforcement (ICE) after delivering a pizza to Fort Hamilton Army base in Brooklyn, where a guard contacted ICE after running a background check on Villavicencio. (Photo by Erik McGregor/Pacific Press/LightRocket via Getty Images)
NEW YORK, NY - JUNE 07: Vehicles enter the Fort Hamilton military base in Brooklyn on June 7, 2018 in New York City. Delivery man Pablo Villavicencio, 35, arrived at the Fort Hamilton base last week to deliver a pizza and after showing his New York City identification card to the guard, immigration agents were called. Villavicencio, an undocumented immigrant from Ecuador and father of two children, was arrested and could be deported back to Ecuador. (Photo by Spencer Platt/Getty Images)
NEW YORK, NY - JUNE 07: Cars enter the Fort Hamilton military base in Brooklyn on June 7, 2018 in New York City. Delivery man Pablo Villavicencio, 35, arrived at the Fort Hamilton base last week to deliver a pizza and after showing his New York City identification card to the guard, immigration agents were called. Villavicencio, an undocumented immigrant from Ecuador and father of two children, was arrested and could be deported back to Ecuador. (Photo by Spencer Platt/Getty Images)
NEW YORK, NY - JUNE 07: Military police enter the Fort Hamilton military base in Brooklyn on June 7, 2018 in New York City. Delivery man Pablo Villavicencio, 35, arrived at the Fort Hamilton base last week to deliver a pizza and after showing his New York City identification card to the guard, immigration agents were called. Villavicencio, an undocumented immigrant from Ecuador and father of two children, was arrested and could be deported back to Ecuador. (Photo by Spencer Platt/Getty Images)
Abdullah Younus, co-chair of the New York chapter of the Democratic Socialists of America was arrested for an act of civil disobedience for Pablo Villavicencio's detainment by ICE. (Photo by Shay Horse/NurPhoto via Getty Images)
Protesters marched through the streets of Bay Ridge to raise awareness for Pablo Villavicencio's recent detainment by ICE. (Photo by Shay Horse/NurPhoto via Getty Images)
Protesters assembled and held speak outs against ICE and white supremacy on 6 June 2018 in Brooklyn, New York City, US. (Photo by Shay Horse/NurPhoto via Getty Images)
A protester that was arrested is driven away after they were arrested for an act of disobedience for Pablo Villavicencio on 6 June 2018 in Brooklyn, New York City, US. (Photo by Shay Horse/NurPhoto via Getty Images)
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The Legal Aid Society, which has been representing Villavicencio, said in a statement that recent events have been harrowing for the family.

"The past several months, including Pablo's detention and threats of imminent deportation, have been traumatic for the Villavicencio family," the organization said. "We are hopeful that this matter will be resolved and that Pablo will secure valid status with the continued assistance of our counsel."

Villavicencio entered the country illegally in 2008 and had not left despite a 2010 order of deportation. In 2013, he married Sandra Chica, a U.S. citizen, and has two young daughters.

His detention in June sparked outrage from local officials and activists after he was taken into custody while delivering a pizza to the Fort Hamilton Army base.

Villavicencio used a municipal identification card that is free for New York City residents and does not require a person to be authorized to live in the U.S. His family and advocates helping his case had said that while that identification worked during previous deliveries, on June 1 it did not and when officials ran a background check, they discovered the order of deportation and arrested him.

Villavicencio had applied to change his immigration status and obtain permanent legal residency through his wife's citizenship and in July a judge ordered him immediately released from detention while that case is decided.

The judge also ordered a stay of deportation for Villavicencio as he fights to gain legal status.

In his order, the judge said that aside from his immigration status, Villavicencio has "otherwise been a model citizen" and has no criminal history and has paid taxes, and has a wife and two young daughters who are all U.S. citizens.

Villavicencio had been held in Immigration and Customs Enforcement custody in New Jersey for more than 50 days prior to his release.

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