The family’s attorney James J. Leonard Jr. certified in a separate document obtained by PEOPLE that Joe “believes that his continued detention would create an extreme hardship on his family and he wishes to be released so that [he] can begin working and contributing financially to his wife and four young children, something that he has repeatedly stated he intends to do upon his release from custody.”
The official filing, also obtained by PEOPLE, states that “given the hardship to Mr. Giudice and his family from his continued detention, the balance of irreparable harm has shift and [Joe] has asked that the stay be lifted so that he could be released from USICE custody and returned to Italy during the pendency of this case.”
It goes on to state that Joe is still hopeful his appeal will be granted, allowing him to stay in the United States. In the event that he does prevail in his case after he has been released to Italy, Joe requested that ICE facilitate his return home.
The news comes after an immigration judge ruled against Joe Giudice’s plea to be freed from ICE custody and return home to his family as he awaits a decision in his ongoing deportation battle, according to Radar Online.
An immigration official told the outlet that on September 20, the judge “rendered a decision of no bond pertaining to Giuseppe Giudice’s case.”
The Real Housewives of New Jersey husband has the opportunity to appeal the judge’s decision within 30 days.
“Joe is extremely disappointed,” James J. Leonard, the Giudice family attorney told PEOPLE in a statement. “He spent the last six months in a cage not able to hug or kiss his wife or daughters when they came to visit him. We treat animals in shelters better than we treat human beings in these ICE facilities.”
Earlier this month, the father-of-four made a video appearance during a bond hearing on Wednesday, September 11. Joe's lawyer requested that he be released from ICE custody so he can wait out his deportation appeal with his family, according to PEOPLE.
Teresa was present at the hearing, as was his mother, sister, brother and two dozen other family members. Joe and Teresa's four daughters did not attend as they were all in school.
According to a source, the hearing lasted one hour. The judge did not issue a decision but is expected to issue a written one within a week.
If the judge rules in Giudice’s favor, he will be able to return to his home to await the rest of his deportation case. If the judge rules in favor of the Attorney General’s Office, Joe will have to wait out his case in the detention center that he is currently in and will have no other recourse.
“Joe is anxious and he desperately wants to come home,” an insider revealed. “This is obviously a very critical hearing for Joe and his family,” Leonard told Page Six. “We are hopeful that the Court will grant him bond.”
Photo Credit: Bravo, Getty Images
![RHONJ Season 9 Premiere Recap: Wives And Dismeanors [Episode 1]](https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhuryYm2OGpHl0P8gYhEIK2gXgipI0kBY1ubYwWZqbTzF22CZIXMfw0nwxB_lOBLW0ry_9wqEw7UyJDinR0pQS_B7M_Bnwt_3I6LuH9RAjcWPytv6ToIghyphenhyphenf6w9q18q4BtA_YOdBgYeKng/w680/181022_3816506_The_RHONJ_Season_9_Taglines_Are_Here_.jpg)
