“The Board of Immigration Appeals dismissed the case on April 11,” a spokesperson for the Executive Office of Immigration Review told Radar. But per E! News, who was first to break the news, his legal team filed a petition to review the decision. Should the court refuse, he’ll be deported.
“We are extremely disappointed that the Board of Immigration Appeals has denied Mr. Giudice’s appeal,” Giudice’s attorney told E! News. “We have filed a stay with the Third Circuit Court of Appeals and will continue to fight to keep Mr. Giudice in the United States, the only country he knows, and re unite him with his wife and four daughters.”
Fight as he might, an immigration lawyer told Radar that his chances of staying in the U.S. aren’t good. “When someone is convicted of an aggravated felony, the only option to avoid deportation is pursuant to the Convention Against Torture, meaning it is more likely than not the government of his native country will torture him upon return,” said New Jersey-based attorney Eric Mark. “Since he is from Italy, and there is virtually no chance the Italian government is going to torture him, he has virtually no chance of winning his appeal or avoiding deportation.”
Giudice, who is married to fellow RHONJ star Teresa Giudice, moved to the United States as a baby, but never became a citizen. He was sentenced to 41 months in prison in 2014 after being convicted of bankruptcy fraud and failing to file income tax returns. A judge in October 2018 ordered him to be deported. Since completing his sentence in March, he’s been in the custody of ICE.