Cuomo has assured Pablo Villavicencio's wife, Sandra Chica, that he will have legal counsel.
Chica said this was not the first time Villavicencio delivered pizza at the base.
"Mr. Villavicencio's expedited removal serves no legitimate public safety goal and the circumstances leading to his arrest and detention raise serious legal and policy concerns that warrant proper investigation and adjudication", Cuomo's letter said.
"They treated me like a criminal".
'They've got two little kids, so she'd have to struggle as a single mom, ' he told the New York Post.
Pablo Villavicencio was detained when he made a delivery to Fort Hamilton army base on Friday and was asked for a second form of ID.
Jennifer Williams, Villavicencio's Legal Aid Society lawyer, said at a news conference Friday that she filed a motion to stop his removal and to allow Villavicencio to pursue legal residency through his wife, who is a USA citizen.
Cuomo said on Thursday that he spoke by phone with Chica to express his "deep frustration with the federal government's assault on New York'simmigrant families". "I did not commit a crime", Villavicencio said in Spanish to PIX11 News earlier this week. "Further, his expedited removal will cause significant harm to his USA citizen wife and two young children who depend on Pablo for financial and emotional support".
Villavicencio would also need to have only crossed the border illegally once, as multiple crossings make it nearly impossible to get a spousal green card.
"Although we are disappointed that Pablo will remained detained, today's stay is a victory for him and his family, and also for due process and the fair administration of justice", said Gregory Copeland, the supervising attorney of Legal Aid's Immigration Law Unit.
'He called the NYPD and the NYPD told him I didn't have any record, that I was clean.
The Ecuadorian native ignored a court order to voluntarily leave the country in 2010 and instead married Chica, an American citizen, and settled down in Hempstead, LI.
Though Villavicencio was supposed to have left the United States, he stayed to work, making him eligible to be deported. "I'm listening", Councilman Justin Brannan (D-Brooklyn) said.
Cuomo, a Democrat, also told her that a state-provided attorney has talked with Villavicencio, who is being held at a New Jersey facility. Unable to show the guard anything but a city identification card, his wife says the guard then contacted ICE officials who detained him.