Francisco Rodriguez-Rincon, a Soldotna restaurant owner, remains in custody in Washington state as his lawyers fight against federal immigration charges claiming his detention violates a agreement set by a judge to release him pending trial.
Rodriguez-Rincon was indicted earlier this year for allegedly reentering the United States illegally after a 1995 deportation order and for lying about his citizenship status when applying for a driver’s license.
In late April, a federal magistrate issued an order allowing Rodriguez-Rincon to remain free while awaiting trial.
However, on May 21, Immigration and Customs Enforcement (ICE) officials took him into custody, transferring him to a detention facility in Tacoma.
During a recent hearing, Judge Sharon Gleason of the Alaska U.S. District Court indicated that she may dismiss the case unless ICE returns Rodriguez-Rincon to Alaska for trial.
His defense attorney, Samuel Eilers, filed a motion seeking to dismiss the charges, arguing that the government must choose between pursuing deportation through immigration proceedings or the criminal charges against Rodriguez-Rincon.
Eilers asserted in his motion that the Executive Branch cannot circumvent the court’s order for release by detaining him for immigration purposes while waiting for trial.
“The Executive Branch has a choice to make: either it can proceed with this criminal case against Mr. Rodriguez-Rincon or it can proceed with his removal,” Eilers stated.
In response, federal prosecutors filed a counter-motion, stating that ICE has the authority to detain individuals pending deportation.
Prosecutor Seth Brickey emphasized that Rodriguez-Rincon is subject to mandatory detention due to his prior removal order.
This legal struggle occurs amid an intensified effort by the Trump administration to enforce immigration laws and increase deportations, raising concerns among undocumented immigrants.
Recently, 40 detainees were transported from various immigration facilities to Anchorage’s Cook Inlet Pretrial facility, demonstrating the administration’s push for more space for detainees amid a national crackdown.
Rodriguez-Rincon, a well-known figure in Soldotna, owned two popular Mexican restaurants and was regarded as a beloved community member.
His arrest led to the sudden closure of his businesses, significantly impacting his family and employees.
As a citizen of Mexico, Rodriguez-Rincon had lived in Soldotna for numerous years and is a husband and father of four children.
Despite not being present at his hearing on Tuesday, Judge Gleason maintained that the decision now lies with ICE to either return him to Alaska to face trial or continue detention in Tacoma.
She indicated that if ICE does not reinstate him by the upcoming deadline, which is Monday, it will significantly affect her decision to dismiss the charges against him.
As the case develops, ICE has yet to provide any response regarding the circumstances surrounding Rodriguez-Rincon’s detention and potential return to Alaska.
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