Federal Judge Rules Insufficient Evidence in Immigration Case

A federal judge has decided that the U.S. government did not present enough evidence to support the claim that the kitchen manager at Operal El Patron hired undocumented immigrants.

This ruling follows the arrest of Isaac Fernandez-Lopez and two others during a raid at a Mexican restaurant in Alabama on July 15, part of a search for business owner Cesar Campos-Reyes. The charges against Fernandez-Lopez included allegations of employing undocumented workers at the Opelica Restaurant.

U.S. Magistrate Judge Chad Bryan noted, “The records imply that Fernandez-Lopez recruited and interviewed employees, yet there was no inquiry into whether these employees had made any statements about his role in their hiring.” He pointed out that while some employees identified him as the “manager,” there are at least three managers at the restaurant, indicating there might be more evidence to consider. The judge stated that due to mandated liabilities and language barriers, it would require significant speculation to conclude that Fernandez-Lopez was linked to some employment agency.

The government’s case against Fernandez-Lopez relied heavily on the assertion that he hired undocumented workers. Given the lack of supporting evidence, the judge found insufficient grounds for the charges.

This ruling also means the court sidestepped another complex issue discussed in the previous hearing: whether, if additional evidence comes to light, Fernandez-Lopez should remain under U.S. Marshals’ control to prevent his deportation.

Having entered the country illegally in 2006, Fernandez-Lopez applied for asylum in 2016 but was denied. He continues to challenge this decision, and his appeal is still pending. Nevertheless, this process has allowed him a work permit valid until 2028, with ICE agent Stephen Pearson testifying that Fernandez-Lopez has regularly checked in with ICE for many years.

Judge Bryan also raised the question of whether being in ICE custody could influence a detainee’s ability to appear in court. However, this question has yet to be settled.

The situation is not looking favorable for the U.S. government as they return to court today with similar charges against Como En Casa kitchen manager Luis Miguel Campos Reyes for allegedly hiring undocumented workers.

On Thursday, the government informed Judge Bryan that the case against Campos Reyes shares surprising similarities with that against Fernandez-Lopez, although they believe additional evidence may be forthcoming. The immigration circumstances surrounding Campos Reyes appear to mirror those of Fernandez-Lopez, according to government representatives.