A Soldotna man facing federal criminal charges is being detained in immigration custody despite a court order granting his release. Attorneys for 47-year-old Francisco Rodriguez-Rincon say his ongoing detention violates federal law and are now asking the court to either release him immediately or dismiss the case against him with prejudice.
Rodriguez-Rincon, a Mexican national, was indicted in March on two counts: illegal reentry after deportation and making a false statement of U.S. citizenship. Prosecutors allege he was deported in 1995 and reentered the country without permission before applying for an Alaska driver’s license in early 2023.
Following his April 28 arraignment in Anchorage, a federal magistrate judge ordered Rodriguez-Rincon released on conditions. However, on May 21, he was arrested by Homeland Security Investigations in Soldotna and transferred to the Northwest ICE Processing Center in Tacoma, Washington.
In a motion filed June 4, Rodriguez-Rincon’s attorney argues that the Executive Branch must choose between pursuing removal through immigration proceedings or prosecuting him criminally — but cannot do both. If the government proceeds with criminal charges, it must honor the release conditions set by the court under the Bail Reform Act (BRA).
The motion states that holding Rodriguez-Rincon in immigration custody for the purpose of ensuring his appearance at trial, after a court has found him eligible for release, constitutes a violation of the BRA and his constitutional rights under the Fifth, Sixth, and Eighth Amendments. It further contends that the Immigration and Nationality Act (INA) provides for detention solely to facilitate removal, not to detain individuals pending federal criminal prosecution.
Citing precedent from cases including Trujillo-Alvarez, the motion urges the court to enforce its supervisory authority and dismiss the indictment if Rodriguez-Rincon is not released. The filing calls the government’s actions “unforeseen and confounding,” noting that Rodriguez-Rincon has never been convicted of a crime and that continued detention contradicts the court’s previous release order.
Rodriguez-Rincon’s next court appearance is scheduled for June 10 in Anchorage. His defense has requested expedited consideration of the motion for immediate release or dismissal.
