‘Harboring’ charge falls flat in federal ropa usada case

McALLEN, Texas (ValleyCentral) — A federal judge on Monday dismissed a felony charge against a businessman accused of harboring someone without legal status in the United States.

U.S. Magistrate Judge Nadia S. Medrano dismissed the charge against Rolando Martinez, 42, of McAllen on Monday morning.

“The result speaks for itself,” said attorney Raul A. Acevedo Jr., who represents Martinez. “It was dismissed.”

Martinez owns America’s Best Clothing, a ropa usada business near Dr. Alejo Salinas Jr. Elementary School in Hidalgo. It’s located in the same building as Leo’s Clothing, another ropa usada business.

Homeland Security Investigations, which is part of U.S. Immigration and Customs Enforcement, raided Leo’s Clothing on March 19.

Prosecutors charged the company’s president, Francisco Perez-Perez, with money laundering. They also charged two of his siblings, Pedro Perez-Perez and Estela Perez De Galvan, with smuggling.

During the raid, Homeland Security Investigations questioned two people who worked at America’s Best Clothing.

Agents discovered they “appeared to be present in the United States unlawfully and/or” lacked permission to work in the United States, according to a criminal complaint filed by prosecutors.

Martinez self-surrendered on March 26.

Homeland Security Investigations also detained a witness, Gilberto Arredondo Alvarado, who worked at America’s Best Clothing.

Alvarado, who is a Mexican citizen, applied for asylum in the United States. The government allowed Alvarado to remain in the country until his immigration hearing.

When agents questioned him, Alvarado said that Martinez knew he lacked permission to work in the United States.

Martinez allowed Alvarado to stay in a “residential suite” at America’s Best Clothing, said Special Agent Wesley G. Jones, who testified during a hearing on Monday. Later, with assistance from Martinez’s father, Alvarado moved to a travel trailer in Alton.

Homeland Security Investigations also questioned a woman.

According to the criminal complaint, the woman is a Mexican citizen who had worked at America’s Best Clothing for about seven years.

The woman entered the country on a tourist visa, Jones said, and lacked permission to work in the United States.

Prosecutors charged Martinez with harboring people without legal status in the United States, a felony, and unlawful employment, a misdemeanor.

Acevedo, the attorney who represents Martinez, requested a hearing on Monday morning.

During the hearing, Acevedo asked Jones about the harboring charge.

Jones said that Alvarado’s pending asylum claim allowed him to remain in the United States. As a result, it wasn’t illegal for Martinez to offer him a place to stay.

While other people worked at America’s Best Clothing, the government didn’t present any evidence that Martinez harbored them.

“The case rests on speculation,” Acevedo said. “Not evidence.”

Mere employment isn’t enough to support the harboring charge, Acevedo said.

Medrano, the federal magistrate judge, agreed.

“I will not find probable cause,” Medrano said.

Martinez remains charged with unlawful employment, a misdemeanor.