Federal prosecutors have dismissed criminal charges against a Soldotna man currently detained by immigration authorities in Washington, citing legal and logistical complications from running parallel cases in separate states.
Francisco Rodriguez-Rincon, 47, had faced two federal charges filed in Alaska: one for allegedly re-entering the United States illegally after a prior deportation, and another for allegedly falsely claiming U.S. citizenship while applying for an Alaska driver’s license in 2023.
But on June 13, federal prosecutors moved to dismiss the case “without prejudice,” meaning the government reserves the right to refile charges at a later date. In the motion, Assistant U.S. Attorney Seth Brickey noted that Rodriguez-Rincon is currently held at ICE’s Northwest Detention Center in Tacoma, Washington, under a final order of removal. Continuing with the criminal case, the filing states, would result in “unnecessary cost, logistical challenge, and delay.”
Chief U.S. District Judge Sharon Gleason granted the request Monday, dismissing the indictment without prejudice, meaning charges could be refiled at a later date. The decision came just days after Gleason criticized the government’s handling of the case.
At a hearing earlier this month, Gleason expressed concern that prosecutors had failed to take appropriate steps to ensure Rodriguez-Rincon’s return to Alaska for trial. The court had previously released him on his own recognizance, but he was later arrested by ICE on May 21 and transferred to a detention center in Tacoma, Washington. “The government’s failure to present the defendant for scheduled proceedings is troubling,” Gleason said at the time, warning it could impact her ruling.
Rodriguez-Rincon, a well-known local business owner operated Señor Panchos and Sol-Agave Mexico! in the Soldotna area. Both restaurants have been closed since his arrest earlier this year.
The dismissal comes shortly after his attorney argued that the federal government could not legally pursue criminal prosecution in Alaska while simultaneously seeking his deportation from another state. After Rodriguez-Rincon was initially released on his own recognizance in the Alaska case, he was picked up by federal immigration agents and transferred out of state — a move his defense team challenged in court. A judge had ordered ICE to return him to Alaska for the criminal proceedings, but prosecutors instead opted to drop the charges altogether.
According to court filings, Rodriguez-Rincon fears persecution if returned to Mexico, which has contributed to delays in his removal. His attorney has declined to comment on the future of his immigration case.
While the criminal case is closed for now, Rodriguez-Rincon remains in federal custody as his immigration proceedings continue.
