A federal judge on Friday ruled that the U.S. government did not present sufficient evidence that a kitchen manager at the Opelika El Patron employed illegal immigrants.
The government arrested Isaac Fernandez-Lopez and two others during the July 15 raid on Mexican restaurants across Alabama in a search for business owner Cesar Campos-Reyes. The government’s criminal complaint against Fernandez-Lopez alleged that he employed undocumented immigrants at the the Opelika restaurant, and therefore also harbored illegal immigrants.
“Nothing in the record suggests that Defendant Fernandez-Lopez solicited any employees, interviewed any employees, or extended offers to any employees,” wrote U.S. Magistrate Judge Chad Bryan. “And apparently none of the interviewed employees made any statements to that effect or were asked whether Defendant Fernandez-Lopez had been involved in their hiring. Although one or more of the employees did identify Defendant Fernandez-Lopez as a ‘manager,’ the evidence reflects that the El Patron restaurant had at least three managers and possibly more. Given the lack of evidence
as to delegated responsibilities, along with the language barrier with the interviewed employees, the court would have to engage in utter speculation to assume that Defendant Fernandez-Lopez was vested with some type of hiring authority—even if he might have been viewed by certain employees as a ‘manager.'”
The government’s charge of harboring against Fernandez Lopes hinged entirely on the argument that he employed illegal aliens; therefore, the judge found no probable cause on the harboring charges.
The ruling means that Bryan did not have to address a second, thornier question posed at last week’s hearing. If probable cause had been found, the government argued that Fernandez Lopez should remain in the custody of U.S. Marshalls to prevent him from being taken by ICE.
Fernandez Lopez illegally entered the country in 2006 and applied for asylum in 2016 and was denied. He has appealed that decision, and the appeal is still pending. With the pending appeal, Fernandez Lopez was granted a work permit through 2028 and ICE Agent Steven Pearson testified that Fernandez Lopez has been checking in with ICE for years.
Bryan openly pondered whether a judge can consider an ICE detainer as a factor in a defendant’s likelihood to not appear for a court proceeding. For now, that question remains unanswered.
The finding does not bode well for the U.S. Government as it returns to court today to attempt to show probable cause against Como en Casa kitchen manager Luis Miguel Campos-Reyes on the same charges of employing and harboring illegal aliens.
The government told Bryan Thursday that the case against Campos-Reyes is strikingly similar to that against Fernandez-Lopez, although it did indicate somewhat more evidence could come. The immigration status of Campos-Reyes also closely resembles that of Fernandez Lopez, the government said.
