In Pennsylvania court records first obtained by RadarOnline.com, Joe, 49, argued that the government was wrong to target him for deportation in the first place.
As RadarOnline.com previously reported, the Attorney General slammed the Real Housewives of New Jersey star, claiming he committed an aggravated felony, and thus must be deported back to his native country immediately. Under the U.S. government, an aggravated felony is considered the highest level crime.
But in the 30-page reply filed on October 15, Joe's attorney argued that his fraud crimes did not constitute an aggravated felony, and that Wells Fargo bank was not the victim as argued.
"There was no loss... because Wells Fargo forgave the two Wachovia loans in 2012 as part of the settlement with the New Jersey Attorney General's Office," Joe’s lawyer, Thomas Moseley, wrote in the filing to the United States Court of Appeals for the Third Circuit.
"As a matter of basic logic as well as plain English, which escapes the government, one cannot be considered to have lost what one has already agreed to relinquish."
Moseley ended the brief pleading with the Third Circuit Court to reconsider Joe's deportation order.
“For all the above reasons, this Court should reverse the order of removal and either order termination or remand for further proceedings,” he said.
“Joe is by no means done fighting, quite the opposite. He wants to come home where he belongs," his attorney James Leonard told RadarOnline.com.
His case is scheduled to be heard on November 21.
As RadarOnline.com readers know, Joe attempted to appeal his deportation status twice prior, but he was denied both times. In his latest plea to stay in the U.S., he requested that he be let out on bond until a decision on his final appeal was made. But that too was shut down.
A fed-up Joe asked to be sent back to Italy, where he will live until he receives a final decision by the Third Circuit Court.
The Housewife has admitted she will divorce the fraudster if he remains in Italy. But a source recently told RadarOnline.com that Joe may beat her to the punch, and file papers from abroad.
Teresa — who recently denied cheating on Joe — was caught running around with a much younger hunk while her husband remained behind bars.
In an episode of RHONJ, she admitted she hasn't been happy for a very long time, and wasn't even sure if she was still in love with her hubby.