The U.S. Attorney’s Office in Manhattan has begun the process of appealing the August court victory won by Pablo Villavicencio, who faced deportation proceedings initiated by Immigration and Customs Enforcement officials after being detained in June while delivering a pizza to the Fort Hamilton military base in Brooklyn.

Officials from the office of U.S. Attorney Geoffrey Berman of the Southern District of New York notified the U.S. Court of Appeals for the Second Circuit late Tuesday of their intent to appeal the Aug. 3 judgment granting Villavicencio’s writ of habeas corpus. The order of the court released Villavicencio and stayed deportation proceedings while his legal attempts to obtain lawful resident status are ongoing.