Real Housewives of New Jersey star Joe Giudice is now a free man, but he is still fighting an immigration judge’s deportation order so he can return to the United States. Giudice is currently living in Italy after being released from ICE custody, and on Tuesday his lawyer submitted his reply to the Attorney General’s argument for deportation.
According to Radar Online, the Attorney General argued that the RHONJ star committed an aggravated felony under immigration law, which is grounds for immediate deportation. Congress has changed the list of aggravated felonies numerous times over the years, and the one the AG argues Giudice violated states that he was involved in “fraud or deceit in which the loss to the victim exceeds $10,000.”
However, Juicy Joe and his attorneys argue in their 30-page response to the AG’s argument that the government should have never targeted the 49-year-old for deportation at all. In documents submitted to the United States Court of Appeals for the Third Circuit, Joe’s attorney, Thomas Moseley, said that his client’s fraud crimes are not an aggravated felony, and Wells Fargo isn’t a victim.
“There was no loss… because Wells Fargo forgave the two Wachovia loans in 2012 as part of the settlement with the New Jersey Attorney General’s Office,” wrote Moseley. “As a matter of basic logic as well as plain English, which escapes the government, one cannot be considered to have lost what one has already agreed to relinquish.”
Moseley concluded his argument by requesting that the court reverse the order of removal, and either order termination or remand the case for further proceedings.
This is Giudice’s third attempt at reversing the deportation order that was issued by an immigration judge in October 2018. His attorney James Leonard says that Giudice is not done fighting, and he wants to go home to New Jersey with his wife Teresa and their four daughters, which is where he belongs.
Earlier this month, the court granted Joe’s request to be released from ICE custody so he could return to his native Italy and fight his deportation order as a free man, instead of staying behind bars.
Joe Giudice served three years in federal prison for his crimes, and then spent six months in an ICE detention center trying to win his appeal. His case is scheduled for a hearing on November 21st.
The new season of Real Housewives of New Jersey begins Wednesday, November 6th on Bravo.