The US government aimed to establish probable cause in federal court on Monday regarding Isaac Fernandez Lopez, the manager of El Patron in Opelika, claiming he illegally employed and hugged undocumented individuals.
Nonetheless, there was no direct evidence presented that proved Fernandez Lopez was responsible for hiring or firing workers.
US Magistrate Judge Chad W. Bryan has yet to decide if there’s sufficient reason for the case to continue. Parties involved must provide additional legal clarification by noon Tuesday. If he finds probable cause, he will also consider whether to keep Fernandez Lopez in custody.
Assistant U.S. Attorney Michelle Turner argued that Fernandez Lopez hired and hugged undocumented workers, granting them jobs. Nicolas del Toro, an FBI special agent, mentioned that a raid took place at Fernandez Lopez’s residence on July 15, but the claims regarding undocumented individuals only pertained to those not employed at the El Patron where he works.
Federal defender Cecilia Vaka challenged the government’s evidence regarding the role of nine undocumented immigrants detained during the raid. Witnesses for the defense claimed that Fernandez Lopez primarily worked as a kitchen manager, focused on ensuring orders were correct and served enthusiastically to customers. They stated, to the best of their knowledge, that he wasn’t involved in hiring or firing decisions.
Del Toro noted that one witness during the investigation claimed the manager was aware that some workers lacked documentation. However, this same witness and others also stated they never asked to see any documents regarding these workers’ immigration status or work eligibility.
Brian is deliberating on what defines responsibility in terms of undocumented immigrant employment. He needs to ascertain whether the government has sufficiently met the proof required to suggest that a crime took place, and that there’s reasonable belief in the accused’s culpability.
“The government hasn’t even met the simplest standard to show that (Fernandez Lopez) hired undocumented workers,” Vaka pointed out.
Evidence included a text message exchange between Fernandez Lopez and Cesar Campos Reyes, who owns multiple El Patron locations and is linked to the July 15 raid. The texts involved management discussions at Opelika’s El Patron.
Fernandez Lopez also happens to be Campos-Reyes’ stepbrother and is renting a home from him. Del Toro testified that the July 15 raid yielded no illegal items, just $25,000 in cash. An investigator, Orlando Gonzalez, highlighted that this money was purportedly for Fernandez Lopez’s 14-year-old daughter’s Quinceañera.
Fernandez Lopez’s immigration status raises concerns about custody
The hearing on Monday primarily aimed to assess if there’s probable cause for criminal charges against Fernandez Lopez, but the judge also probed whether he would remain in custody if the case proceeded.
Fernandez Lopez’s immigration status became a key point in this discussion. At one stage, he entered the US illegally and sought asylum, which was denied, leading to a removal order. However, he appealed that decision and managed to obtain work permits effective until 2028 while the appeal is ongoing. Ice Agent Stephen Pearson confirmed that Fernandez Lopez has been complying with ICE check-ins for several years.
But, with the current charges, Pearson noted that if Bryan permits his release amidst the criminal case, ICE would likely detain him. Turner argued that this justified keeping Fernandez Lopez in federal custody. If transferred to ICE custody, he might not be able to attend court proceedings, and ICE might expel him as a result of the appeal process.
Last week, Turner moved to detain Campos Reyes as well but argued that Fernandez Lopez should specifically be detained due to the risk of deportation.
Brian questioned whether Fernandez Lopez’s potential ICE detention could be regarded as a hidden risk, but Turner stated she lacked specific case law on that matter.
Vaka responded that it seemed unreasonable to consider the possibility of ICE detaining Fernandez Lopez.
“The government has to decide: deportation or prosecution,” Vaka remarked. “If it’s time to remove individuals, it shouldn’t just switch gears. That’s likely to foster discrimination based on nationality. We’re not simply discussing people drifting around.”
The immigration status of Sonia Campos, Fernandez Lopez’s wife, was also part of the debate but remained unclear. At different points, it was suggested that she was undocumented, then later that she had received permanent residency. The couple has two children: a US citizen daughter, 14, and a 5-year-old son.
A similar hearing is set for Luis Miguel Campos Reyes, another manager from El Patron facing the same charges as Fernandez Lopez. However, since Luis Campos-Reyes has waived his detention hearing, ICE issues won’t be addressed before the judge.
