A jailed immigrant facing deportation got some more heartbreaking news from the Department of Homeland Security.

DeJuan Callender, who remains locked up at Orange County Correction Facility despite a pardon last year from Gov. Andrew Cuomo, received a document from Homeland Security saying his application was denied.

The Barbados native was arrested and imprisoned in 2015.  An immigration judge revoked his legal resident status over two previous non-violent crimes, including a toothpaste theft at a Greenburgh CVS a decade before. Callendar appealed and got a pardon from Gov. Cuomo to no avail.

One part of the document he received said that he had not established that he had been rehabilitated from criminal activity. However, a doctor sent a letter to the judge that read in part that he had been fully rehabilitated as defined in the field of forensic psychiatry.

Callender has 30 days to appeal the decision. His wife, Dina, says it’s a no-brainer.

“What can we do except fight ...fight for what's right,” she says.