Lawyers for an Ecuadorean immigrant who was detained while delivering pizza to a Brooklyn Army installation will ask a federal judge to stop his deportation.

A hearing is scheduled Tuesday afternoon in the case of Pablo Villavicencio (vee-uh-vih-SEHN'-see-oh).

Democratic Gov. Andrew Cuomo issued a statement saying the federal government has "cruelly" kept Villavicencio from his wife and two young daughters "for no legitimate reason."

Villavicencio was detained on June 1 after a routine background check revealed an arrest warrant for immigration law violations.

Immigration and Customs Enforcement says an immigration judge granted Villavicencio voluntary departure in March 2010 but he failed to leave as ordered.

The U.S. District Court judge already temporarily blocked his deportation but he has remained in ICE custody in New Jersey.