Joe Giudice, the husband of Real Housewives of New Jersey star Teresa Giudice has officially submitted his deportation appeal papers in federal court as part of his last-ditch effort to remain in the United States and avoid being deported to his native Italy.
In the 82-page brief first obtained by Radar Online, the father-of-four, and his lawyer argued that his fraud crimes do not fit into the “aggravated felony” category that would warrant an automatic basis for deportation. (Under federal law, an aggravated felony is considered to be any loss to a victim which exceeds $10,000.)
In the brief, Joe and his team argued that Wells Fargo was not a victim, as the bank made loans “amounting to consumer fraud,” which was alleged as part of a multi-million dollar settlement with the state of New Jersey.
“Here the Petitioner will show that a bank legally compelled to forgive a fraudulently made loan should not be held to have suffered a loss from fraud,” Joe’s lawyer, Thomas Moseley, wrote in the July 15 filing to the United States Court of Appeals for the Third Circuit.
The brief also noted that more than $400,000 was paid in restitution to the bank as part of his sentencing. The attorney argued that the deportation removal proceedings should never have been initiated before a judge ordered him to be kicked out of the country last year, reports Radar Online.
“Proceedings were incorrectly instituted, and should have been terminated,” he said.
The brief also mentioned Joe’s wife and their children’s status as U.S. citizens. “He married his wife Teresa, a United States citizen, on October 23. 1999. The couple has four children, all born in the United States,” the papers stated via Radar Online.
If you recall, Joe immigrated to the U.S. at just 14 months old but he was never made a citizen. Joe remains in ICE custody at the Clinton County Correctional facility, which he entered after serving his three-year sentence on fraud charges.
Photo Credit: Google Images
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