Immigration activist Ravi Ragbir asked the U.S. Court of Appeals for the Second Circuit on Tuesday to temporarily block the government from deporting him while he pursues a First Amendment case. Earlier this year he lost that argument before a district court judge.

Ragbir, who heads the New Sanctuary Coalition, claims the government detained him in January during a check-in with Immigration and Customs Enforcement because he repeatedly spoke out against the Trump administration's immigration policies. His attorney, William Perdue, called that "outrageous and unconstitutional." 

But the government claimed it has the right to deport an undocumented immigrant at its own discretion. The Trinidadian immigrant was convicted of wire fraud about 20 years ago. He served time in prison and was allowed to remain in the U.S. under several orders of supervision. Ragbir was then detained in January during what he thought would be a regular check-in with Immigration and Customs Enforcement. Later that month, a federal judge ordered his release, finding his detention "unnecessarily cruel."

The three judges on the appellate panel seemed especially interested in why Perdue wanted them to temporarily block the government from deporting Ragbir. A federal judge in New Jersey has already issued a stay of deportation while Ragbir seeks to vacate his old criminal conviction in that district.

Perdue acknowledged that seeking an additional stay of deportation is a backup policy. But he said a decision in New Jersey could come by the end of August, and that there's no guarantee the government won't immediately seek to deport Ragbir if things don't go his way.

"We don't want to be at their mercy," Perdue told the judges.

Judge Jon Newman asked assistant U.S. attorney Steven Kochevar if Ragbir would get any advance notice should the government choose to deport him. Kochevar said the letter informing Ragbir of his next check-in during September warned him to have his bags packed. But when Newman continued to press back on whether that meant Ragbir could be removed in seven days or even a day, Kochevar couldn't answer.

"You realize that doesn't make your opposition more appealing," the judge said, in apparent frustration.

Newman also peppered Kochevar with questions about why Ragbir was allowed to stay in the country for so many years under supervision until the government tried to deport him during his January check-in. "Did he do anything to warrant a change?" the judge asked.

Kochevar noted that Ragbir had exhausted a number of immigration challenges during that time period. "He's had several bites at the apple," he said.

It's not known how quickly the judges will make their decision. After the hour-long hearing, Attorney Perdue disputed the government's claim that Ragbir had been given sufficient warning that he could be deported at any time. "Regardless of how much notice he gets, notice doesn't give the government permission to retaliate against someone because of their criticism of the government," he said.

After the hearing, Ragbir was greeted by dozens of supporters who accompanied him to a rally at Foley Square. They carried red and white fliers that said "Abolish ICE."

"My community is here," he said, not Trinidad. He then led them in a recitation of the First Amendment in both English and Spanish.