A Soldotna man accused of being in the United States illegally was detained by federal immigration officers last month, even though a federal judge had ordered he remain out of federal custody in his deportation case just weeks before. Court documents filed Wednesday say 47-year-old Francisco Rodriguez-Rincon is being held at a federal immigration processing facility in Washington.
Rodriguez-Rincon’s detention prompted confusion late last month among Soldotna residents who tried to visit his popular Mexican restaurants. A handwritten sign on the door at one of the businesses said it was closed permanently.
Samuel Eilers is the federal public defender representing Rodriguez-Rincon in his deportation case. He
filed a motion Wednesday asking the federal government to either release Rodriguez-Rincon or dismiss the indictment against him. Eilers says the federal government cannot deport his client and charge him with federal crimes at the same time.
In March, a federal grand jury charged Rodriguez-Rincon with illegally reentering the United States after being deported. The grand jury also charged Rodriguez-Rincon with making a false statement of citizenship, over an application he filed for an Alaska driver’s license in January 2023.
Rodriguez-Rincon pleaded not guilty to both charges during his Apr. 28 arraignment in Anchorage. At that hearing, a federal judge released him on his own recognizance. But Eilers says federal immigration authorities took Rodriguez-Rincon into custody in Soldotna three weeks later, while Eilers was on leave.
As of Wednesday morning, court documents say Rodriguez-Rincon is being held at the Northwest ICE Processing Center in Tacoma.
In his motion, Eilers characterizes Rodriguez-Rincon’s detention as “unforeseen and confounding.” He says it also violates the federal Bail Reform Act and his client’s constitutional rights.
Rodriguez-Rincon owns Senor Panchos and Sol-Agave Mexican restaurants, both in the Soldotna area. The businesses were incorporated in August 2021 and July 2023, respectively. Last month, the director of Alaska’s business licensing division told KDLL state law doesn’t require people to demonstrate U.S. citizenship to get an Alaska business license.
On Wednesday, an ICE spokesperson declined to answer specific questions about Rodriguez-Rincon’s detention or case. In an emailed statement, the spokesman said it’s routine for ICE to arrest people who break immigration laws.
“All aliens in violation of U.S. immigration law may be subject to arrest, detention and if found removable by final order, removal from the United States, regardless of nationality,” the email said.
Eilers’ motion says Rodriguez-Rincon has never been convicted of a crime.
A GoFundMe organized for Rodriguez-Rincon’s family had raised more than $3,200 as of Wednesday around noon. The fundraiser says Rodriguez-Rincon has a wife and four kids in Soldotna.
Eilers is asking for expedited consideration of his motion for the federal government to release Rodriguez-Rincon, or drop the federal charges against him. Rodriguez-Rincon is next scheduled to appear in court on June 10 in Anchorage. He had previously waived his right to appear in court in-person. But, also on Wednesday, Eilers filed a separate motion revoking that waiver and reasserting Rodriguez-Rincon’s right to appear at court hearings in person.
