Judge places Taco Ole manager on probation for hiring waitress, cook without papers

McALLEN, Texas (ValleyCentral) — A judge placed a restaurant manager on probation Monday after he admitted to hiring a waitress and a cook who lacked permission to work in the United States.

The FBI arrested Juan Ramirez Cortez, 40, of Mission — who managed the Taco Ole restaurant on North Conway Road — in July.

After more than a month in jail, Ramirez pleaded guilty to misdemeanor charges on Monday.

“This man, who has been in this country for nearly 25 years, has done nothing but work hard and try to be a good neighbor to everybody,” said attorney David Lindenmuth of McAllen, who represented Ramirez. “Not been in trouble a single time in two and a half decades.”

It’s unfortunate, Lindenmuth said, that Ramirez faced “federal prosecution at the whims of a new administration.”

U.S. Magistrate Judge Juan F. Alanis placed Ramirez on probation for six months.

“Hopefully we won’t see you here in court again,” Alanis said. “Good luck.”

The FBI raided Taco Ole restaurants in Mission and Edinburg on July 10.

After questioning the employees, agents charged Ramirez with one count of bringing in and harboring certain aliens, a federal felony, and two counts of unlawful employment of aliens, a federal misdemeanor.

The FBI, however, couldn’t prove that Ramirez actually harbored anyone.

To charge him with a felony, the government had to prove Ramirez hired at least 10 people without permission to work in the United States during a 12-month period.

Assistant U.S. Attorney Benjamin Lyles questioned FBI Special Agent Jonathan Dietrich about the investigation during a hearing on July 15.

A waitress told agents that Ramirez hired her, Dietrich said, knowing she only had a tourist visa.

“She stated that multiple other employees were known to be undocumented as well,” Dietrich said. “And working at the establishment.”

The waitress told agents some employees without legal status in the United States had been working at Taco Ole for 20 to 25 years, Dietrich said.

Agents conducted “record checks” on 10 other employees but didn’t find any documentation, Dietrich said, which suggested they had been smuggled across the border.

“I have no further questions for the agent,” Lyles said.

Lindenmuth, the attorney who represented Ramirez, moved to dismiss the case.

The government didn’t specify a 12-month period, Lindenmuth said, or provide any evidence that each of the 10 employees had been hired during that period.

“So, your honor, just on its face — without having to ask a single question from the testifying agent — they have failed to bring evidence that supports a probable cause finding,” Lindenmuth said, for any of the charges.

Lyles said the government had proven that Ramirez knowingly hired people without permission to work in the United States, which is a misdemeanor.

“And your argument for the felony?” said Alanis, the federal judge.

Lyles said a “fair probability” existed that 10 people had been hired within a 12-month period “at a restaurant with a lot of turnover.”

“Assumptions are not sufficient,” Lindenmuth said. “There has to be some proof. There has to be some evidence for your honor to find in their favor.”

Alanis asked Lindenmuth if he wanted to question the FBI agent.

“With all due respect, I’m going to pass,” Lindenmuth said. “I don’t believe it’s my obligation to clean up the government’s case. I have nothing to ask.”

Alanis turned to Lyles.

“So I guess, Mr. Lyles, my question is: What 12-month period have you established in regard to that hiring?” Alanis said.

Lyles conceded the government’s case was “a little bit weak on that.”

“I heard the testimony,” Alanis said. “I think a lot of those individuals worked there for about 20 to 25 years. I don’t think there was any testimony from the agent about any 12-month period, even within the last year.”

“You’re right, your honor,” Lyles said. “There was no testimony about any particular 12-month period.”

Alanis dismissed the felony charge, but he allowed the government to proceed on the misdemeanors.

Ramirez, though, remained in jail.

“I’ve had a chance to review the pretrial report,” Alanis said. “From the information I have in that report, it appears you’re a citizen of Mexico and you do not have legal status here in the United States.”

The government had also placed an immigration hold on Ramirez. As a result, Ramirez waived his bond hearing and spent more than a month in jail on misdemeanor charges.

Ramirez returned to court Monday after striking a deal with the government.

As part of an oral agreement, Ramirez pleaded guilty to two counts of aiding and abetting the unlawful employment of aliens, a federal misdemeanor.

Ramirez confessed to hiring a waitress and a cook, knowing they lacked permission to work in the United States.

Lyles, meanwhile, agreed to recommend six months probation.

“That is within the guidelines,” Lyles said. “And we think that’s appropriate.”

Alanis had questions about how probation would work if the government deported Ramirez.

Lindenmuth said that, as far as he knew, the government had lifted the immigration hold.

“You’re saying he’s not going to get deported?” Alanis asked.

“That is my understanding,” Lindenmuth said.

Alanis placed Ramirez on probation for six months and ordered him to pay two $10 special assessments.