Homeland security fought The Real Housewives of New Jersey felon dad's request to stop deportation proceedings and remain in the country following his prison sentence, claiming he did not offer enough evidence, RadarOnline.com can exclusively report.
The reality TV star, 46, did not show up to the Pennsylvania court hearing on Wednesday morning, August 15, but his attorney appeared on his behalf via teleconference to beg the judge to put a halt on the removal proceedings.
Teresa's troubled husband, who is serving three years on fraud charges in federal prison, was expected to attend via teleconference from his current location, FCI Allenwood, but the judge said he was "unable to come down."
As RadarOnline.com first reported, Italian native Giudice is "properly in removal proceedings" to be kicked out of the country, Homeland Security confirmed in court.
Homeland Security claimed the star did not provide "enough evidence" to prove he should remain in the country with his famous wife and four daughters.
Judge Ellington ruled that Giudice and his counsel could take more time to collect any possible evidence, and the next hearing was scheduled for September 5.
At that point, "Homeland Security will look at their records to determine if their burden is proved," the judge said.
"She just can't take the stress," a source told RadarOnline.com last week.
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