Man detained on immigration charges to remain in custody despite federal judge ordering his release
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A manager of a Mexican restaurant in Montoursville will remain detained and in custody of Immigration and Customs Enforcement (ICE) despite a federal judge ordering his release from jail.
U.S. Middle District Judge Matthew W. Brann on Wednesday ruled the government had not presented sufficient evidence to show Jose Felix Cabrera was a flight risk, according to Pennlive.com.
Brann agreed with U.S. Magistrate Judge Sean A. Camoni's ruling on Sept. 23 who ordered Cabrera released with conditions that included house arrest with a monitor and travel limited to the Middle District.
Assistant U.S. Attorney Geoffrey W. MacArthur appealed Camoni's order but Cabrera remained detained on an ICE detainer separate from the criminal charge.
The hitch is that ICE said Cabrera, manager of Mr. Chilaquil's Mexican Grill and Cantina, faces deportation.
Cabrera was taken into custody by ICE agents on Aug. 26 along with 14 employees.
Only one, Carlos Alberto Garcia Claudio, has been indicted on an illegal reentry charge. He is detained without bail, Pennlive reported. He had been removed after entering the U.S. illegally at Nogales, Arizona, on Aug. 10, 2024. ICE has a detainer against him, also.
MacArthur cited seized business records that showed Chilaquil's Grill had 15 employees, including Cabrera, with nine having the same address as Cabrera.
MacArthur argued for continued detention, accusing Cabrera of harboring undocumented individuals and claiming he has no local ties with the now-closed restaurant.
Cabrera's wife and three daughters, ages 21, 18 and 9, all of whom are U.S. citizens, live in Indiana and, according to assistant public defender Gerald A. Lord, he sends them money to pay bills, Pennlive said.
If released from jail, Cabrera would reopen the restaurant with his daughters helping run it, the attorney said.
Lord pointed out Cabrera has worked in the restaurant business in the U.S. since 2001 during which time he lived in Mississippi, Indiana, New York, and Montoursville.
He has paid income taxes those 25 years, has a Social Security number and work authorization documents for the restaurant, he said.
Cabrera was deported after being caught on June 23, 2001, attempting to enter the U.S. at Laredo, Texas, using a valid non-resident border crossing card in someone else's name. He returned a short time later, according to Pennlive.
Brann in debunking MacArthur's flee risk argument commented it would appear from the time Cabrera has been in the country, he wants to stay, not flee. He also noted Indiana is part of the U.S. not somewhere far away, Pennlive stated.
Lord mentioned in a court filing that when the owner of the building arrived after the ICE agents left the day of the raid, he found the doors open, a dog unattended and the ovens in which food was being cooked were still on, according to Pennlive.
Under the Bail Reform Act, the government must show a detention hearing is warranted, and if so, detention is appropriate. Both judges found a hearing was warranted but there were conditions that made release appropriate.