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Joe Giudice can stay in the U.S. while he fights deportation to Italy, court rules

Giuseppe "Joe" Giudice, from the reality-TV show "The

Giuseppe "Joe" Giudice, from the reality-TV show "The Real Housewives of New Jersey," attends a hearing in the Passaic County Courthouse in Paterson, N.J., on Oct. 15, 2014. Credit: AP / William Perlman

A federal court ruled Wednesday that Joe Giudice, husband of "The Real Housewives of New Jersey" star Teresa Giudice, may remain in the United States while he continues to fight his deportation to Italy.

The Court of Appeals for the Third Circuit said Joe Giudice, 49 — born Giuseppe Giudice in Saronno, Italy, and raised in New Jersey since age 1 without obtaining citizenship — has been granted "a stay of removal … The requirements for granting a stay have been satisfied."

Judge Cheryl Ann Krause cited the 2009 Supreme Court case Nken v. Holder, in which the justices in a 7-2 ruling clarified that traditional criteria and not a more demanding standard governs an appeals court's "authority to stay an alien's removal pending judicial review." Wednesday's ruling vacates a temporary stay Giudice was granted in late April.

The circuit court additionally is allowing a motion filed May 13 to proceed, in which "27 former immigration judges and members of Board of Immigration Appeals" would enter an amicus curiae or "friend of the court" brief in support of Giudice.

"We are grateful that the Court has granted the stay," Giudice's attorney told People magazine. "Joe looks forward to continuing this fight to the very end. There is nothing more important to him than returning home to his wife and kids."

Reality-TV star Teresa Giudice, 47, has not commented directly but posted on Facebook the graphical text "With confidence you have won even before you have started," a quote by political activist Marcus Garvey.

Joe and Teresa Giudice, who married in October 1999, each pleaded guilty in March 2014 to various counts of mail, wire and bankruptcy fraud. Joe Giudice additionally pleaded guilty to failing to file a tax return. The two served their sentences consecutively so that one could be at home for their children, daughters Gia, now 18, Gabriella, 14, Milania, 13, and Audriana, 9.

After Teresa Giudice completed her 15-month sentence in February 2016, Joe Giudice the following month began serving time at prisons in Fort Dix, New Jersey, the following month and later at Allenwood, Pennsylvania. When his sentence ended on March 14, he was transferred to ICE's Clinton County Correctional Facility in McElhattan, Pennsylvania.

If the deportation goes through, he will be going to Italy alone. "I'm not doing a long-distance relationship. I'm not doing it," Teresa Giudice said in a "Housewives of New Jersey" reunion show that aired in March.

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