ANCHORAGE — A federal judge in Anchorage is weighing whether to dismiss charges against a Soldotna man being held in immigration custody, after federal prosecutors acknowledged they have not ensured his return to Alaska to stand trial.
Francisco Rodriguez-Rincon, 47, was scheduled to appear in federal court this week, but remains detained at an ICE facility in Tacoma, Washington. During Tuesday’s trial setting hearing, U.S. District Judge Sharon Gleason expressed concern that the government had not taken appropriate steps to make the defendant available for court proceedings.
Rodriguez-Rincon, a Mexican citizen, was indicted in March on charges of reentry after deportation and falsely claiming U.S. citizenship. Prosecutors allege he illegally re-entered the United States and obtained an Alaska driver’s license in 2023 by falsely stating he was a U.S. citizen. State records list him as the owner of two Soldotna restaurants: Senor Pancho’s and Sol-Agave Mexico!
Following his indictment, Rodriguez-Rincon was not arrested but instead received a court summons and was released on his own recognizance after his April 28 arraignment. The government did not request detention at the time. However, court records show he was arrested by ICE agents on May 21 and transferred to the Northwest ICE Processing Center, where he is currently held under a reinstated 1995 removal order.
Rodriguez-Rincon’s public defender, Samuel Eilers, filed a motion on June 4 seeking his client’s immediate release or the dismissal of the indictment. The motion argues that the government cannot proceed with both a criminal case and a removal process at the same time, claiming such dual action violates the Bail Reform Act and multiple constitutional protections.
“Once a court determines the BRA requires a defendant’s release, the Executive Branch cannot make an end-run around the court’s determination by taking the defendant into immigration custody pending trial,” the motion states, citing United States v. Rangel.
In a response filed June 9, Assistant U.S. Attorney Seth Brickey opposed the motion, arguing that ICE has lawful authority to detain Rodriguez-Rincon under the Immigration and Nationality Act, even while criminal proceedings are ongoing. He cited United States v. Soriano Nunez and other federal decisions to assert that “nothing in the [Bail Reform Act] gives a district court the authority to compel another sovereign or judge in federal administrative proceedings to release or detain a defendant.”
The government emphasized that Rodriguez-Rincon is subject to mandatory detention under 8 U.S.C. § 1231(a)(2)(A), noting, “ICE had lawful discretionary authority to detain Rodriguez-Rincon pursuant to 8 U.S.C. § 1226(a)(1) and was statutorily required to detain [him] pursuant to 8 U.S.C. § 1231(a)(2).”
Prosecutors also disclosed that Rodriguez-Rincon expressed fear of persecution if returned to Mexico, which has temporarily delayed his removal proceedings.
Judge Gleason has not yet ruled on the motion but indicated that the government’s failure to present Rodriguez-Rincon for Tuesday’s hearing could affect her decision.
The next trial scheduling conference is set for June 20 in Anchorage.
