MyRGV, Los Fresnos bakers seek acquittal on harboring conviction
Attorneys representing the owners of Abby’s Bakery in Los Fresnos filed a motion for acquittal nearly two weeks after their clients were found guilty on all charges for harboring people in the country illegally. Sergio Villarreal and Cesar de Leon, who represent Leonardo Baez and Nora Alicia Avila-Guel respectively, filed the motions on Aug. 26. Both attorneys are arguing that the U.S. government failed to provide evidence that the defendants willfully engaged in an agreement to harbor individuals who were not authorized to be in the country. They also claim that the government failed to prove that Baez and Avila-Guel attempted to conceal those individuals. “The evidence adduced at trial in this case was woefully insufficient on the key elements of the Defendants’ intent to willfully join in the conspiracy alleged in the indictment and to harbor, as charged in Counts II and III of the Indictment, in order to prove their guilt beyond a reasonable doubt.,” the motion reads. The attorneys cited the deposition of two material witnesses, identified as Gerardo Emmanuel Sanchez-Martinez and Roberto Ibarra-Otero, who each denied entering into any agreement with the bakery owners, nor were they instructed to avoid immigration officials while living in Suite No. 5, which is located on the same property as the bakery at 417 W. Ocean Blvd. Unit 2 in Los Fresnos. Sanchez-Martinez and Ibarra-Otero were two of the eight individuals employed by Abby’s Bakery who were arrested by HSI special agents on Feb. 12. The six other individuals held temporary visas. However, those visas did not permit them to work in the United States. Sanchez-Martinez and Ibarra-Otero were undocumented. Baez and Avila-Guel were arrested on Feb. 19. They were each charged with one count of conspiracy to harbor people in the country illegally, and two counts of harboring or attempting to harbor them. With the guilty verdicts, both owners — who are legal permanent residents — could face more trouble as their status in the U.S. is potentially at stake. “The record shows no agreement, no knowledge or intent, and no concealment or substantial facilitation, as both material witnesses expressly denied that (Baez and Avila-Guel) engaged in or furthered any unlawful conduct,” the motion reads. “Their testimony establishes open and public living conditions inconsistent with ‘harboring,’ and the Fifth Circuit has made clear that mere shelter does not satisfy the statute,” the motion continued. “With no evidence of an agreement, no evidence of willful participation, and no evidence of concealment, the government’s case rests on speculation, which cannot constitutionally sustain a conviction. Counts 2 and 3, as well as the derivative conspiracy in Count 1, are therefore legally insufficient, and judgment of acquittal must be entered.” A sentencing hearing is scheduled for Nov. 18 as both defendants will remain on bond.
Newsweek, Green Card Holders Prosecuted for Employing Undocumented Immigrants
After a three-day trial, a jury on Wednesday convicted South Texas bakery co-owners Leonardo Baez-Lara and Alicia Avila-Guel on two counts of harboring aliens and conspiracy to commit the crime. “We are disappointed and heartbroken after yesterday’s guilty verdict. It’s scary to think what may come about after this,” Sergio Luis Villarreal, a lawyer representing Baez-Lara, told Newsweek on Thursday. Newsweek reached out to the U.S. Attorney’s Office, Southern District of Texas, for comment via email. Why It Matters Federal immigration authorities have targeted business owners for allegedly employing undocumented immigrants and arrested the couple earlier this year over the matter. The jury’s decision comes amid an immigration crackdown under the Trump administration, with the president having pledged to launch the largest mass deportation operation in U.S. history. Much of the focus has been on detaining immigrants residing in the country with invalid documentation or criminal histories; however, those aiding individuals have also been targeted. The couple is among the first to be prosecuted not for their own legal status, but for harboring people in the country illegally, and is now charged with criminal offenses. What To Know Baez-Lara, 56, and Avila-Guel, 46, are both legal permanent residents who live in Los Fresnos, Texas, which is located near the Mexico border. They have owned and operated Abby’s Bakery and Dulce’s Café since 2012. Homeland Security Investigations conducted a “worksite enforcement action” at Abby’s Bakery in Los Fresnos on February 12. At the site, authorities identified “several employees and others who were in the United States illegally or in the country under B1/B2 visas without having the right to work,” a U.S. Attorney’s Office, Southern District of Texas press release said. On Wednesday, a jury in Brownsville deliberated after a three-day trial on the matter, ultimately finding the couple guilty on the two counts. The press release stated that testimony in the trial revealed that one worker, “after entering the United States illegally, he had a brief interview regarding his abilities as a baker and was immediately offered a job and a place to stay.” The defense attorneys argued that the owners did not harbor the workers, but offered shelter. Villarreal told Newsweek on Thursday, “essentially, the government is expanding the use of the term ‘harboring.’ It sets an example for our community that the most innocent of actions with people close to you can land you in very serious legal trouble.” What People Are Saying Special Agent in Charge Craig Larrabee of Immigration and Customs Enforcement – Homeland Security Investigations San Antonio said in a press release: “The jury’s verdict affirms that the defendants knowingly conspired to harbor individuals in the country illegally, committed two separate acts of harboring, and did so for personal financial gain. These actions not only violate federal immigration laws but also exploit vulnerable individuals for profit. This conviction sends a clear message: those who engage in human smuggling and harboring for financial benefit will be investigated, prosecuted and held accountable to the fullest extent of the law.” Cesar de Leon, Avila-Guel’s attorney, told the Associated Press: “We just felt that in this instance, there was really no harboring.” U.S. Attorney Nicholas J. Ganjei said in the press release: “The jury’s verdict vindicates the American people’s mandate that our immigration laws be fully enforced. Business owners who put profits over their fellow citizens by harboring illegal aliens should be advised that the Southern District of Texas will not look the other way.” What Happens Next The couple will be sentenced on November 18. They face up to 10 years in federal prison as well as a potential fine of up to $250,000. The press release also notes they may lose their residency status.
KRGV, Government rests their case in trial against Abby’s Bakery owners
The trial against the owners of a bakery in Los Fresnos who are accused of hiring and housing undocumented immigrants continued on Tuesday. The government rested their case against defendants Leonardo Baez-Lara and Nora Alicia Avila-Guel. During the second day of the trial, jurors heard from two former Abby’s Bakery employees who were identified as being in the country illegally when federal agents raided the business in February 2025. READ MORE: Los Fresnos business owners arrested after 8 undocumented migrants found in their bakery The testimonies were pre-recorded and played for the jury, as the men were deported following their interview. As previously reported, eight people were arrested during the February raid. Six of those individuals had visas but did not have permission to work in the country, and the other two employees were undocumented. Baez-Lara and Avila-Guel were charged following the arrests. On Tuesday, jurors heard about “Suite #5,” the room on the bakery property that federal prosecutors said the undocumented employees stayed at. The men were asked if they were required to sleep there, they said no and that they were free to leave and were not held against their will. One of the witnesses was Roberto Ibarra Otero, who was considered the “lead baker”and manager. He said he was paid $100 to work there and has worked at Abby’s Bakery for 10 years. Dillon Duke, an agent with Homeland Security Investigations, also took the stand on Tuesday. He was the lead investigator in the case, and said the investigation began after the department received a tip in December 2024 about undocumented people working at the bakery and being housed there. Duke said surveillance of the bakery was done twice, and several adult males were seen exiting Suite #5. During the February raid, agents saw Suite #5 and Duke testified it was a “rectangular room” with mattresses lying against the wall, a TV, shower, bathroom and A/C. Duke said workers were paid $8 an hour, while the lead baker made more. The trial is expected to resume on Wednesday morning, with the owners’ son expected to be called to testify by the defense.
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ValleyCentral, Abby’s Bakery owners face judge Friday
LOS FRESNOS, Texas (ValleyCentral) — The owners of Abby’s Bakery in Los Fresnos, Texas appeared in court Friday where they were issued bonds for their alleged crimes of harboring illegal people. As reported Thursday, Leonardo Baez and Nora Alicia Avila-Guel identified themselves to authorities as the owners of Abby’s Bakery and were charged after eight people present in the country illegally were found at their business on Feb. 12. They were charged with harboring people illegally present in the U.S. and aiding and abetting the harboring, according to a criminal complaint. On Friday, Baez and Avila-Guel went before Cameron County Judge Laura L. Betancourt and were issued respective bond amounts of $100,000. Before their bonds were set, a Homeland Security Investigations special agent took the stand during their preliminary examination hearing to state the facts of the case and what he saw at the Los Fresnos bakery that day. The agent testified that HSI was tipped off about the harboring through its HSI tip. They received a call regarding the business owners employing and harboring illegal immigrants at their bakery and not paying them. The tip also included claims that potential minors were employed at the location. The caller was not compensated and was not present during the ICE raid. As previously reported by ValleyCentral, the raid took place at Abby’s Bakery and Dulce’s Cafe, two restaurants housed in one building at 1417 West Ocean Blvd. Los Fresnos, Texas. The agent also testified that Baez and Avila-Guel admitted to hiring both people illegally present in the U.S. and B1/B2 visa holders who are unauthorized to work in the U.S. B1/B2 visa holders have the right to be in the U.S. but do not have the right to work. The bakery owners allegedly told authorities that they knew this would happen one day and that they would be discovered. The agent who took the stand stated that the migrants were being housed in the same plaza as the bakery and the cafe in Unit 5. When they entered, they found two people present in the country illegally in a narrow small rectangular room with approximately six beds along the walls, an AC unit, one shower room, one restroom and no kitchen. Additionally, he said all of the windows in the room were boarded up with cardboard and tin foil. The agent stated that the people living there did have clothing in the room. The two people found in the room identified Baez and Avila-Guel as the individuals who harbored them in the U.S. Of the eight, the other six individuals were B1/B2 holders who stated they were being paid $8 an hour at Abby’s, 75 cents above the minimum wage in Texas. Those six individuals had their B1/B2 visas revoked and were deported to Mexico, according to the agent. A video that was circulating on social media from the raid alleged that ICE agents were arresting people who were coming to the bakery to buy bread. The agent on trial stated that that was false information and that no one who was not part of the investigation was asked for their immigration documents or their status in the United States. The agent stated that the person seen being taken into a truck in the video was someone who had a warrant out for their arrest. Judge Betancourt stated she found probable cause to believe Baez and Avila-Guel had violated the law. The judge stated that the bakery can remain open and that the owners are permitted to work as long as they do so legally.
MyRGV, Call to HSI tip line led to immigration raid at Los Fresnos bakery
BROWNSVILLE — A federal judge Friday morning granted bonds to the owners of a Los Fresnos bakery who were arrested on harboring charges Wednesday. Leonardo Baez and Nora Alicia Avila-Gruel appeared before U.S. Magistrate Judge Karen Betancourt in Brownsville federal court where they each received $100,000 bonds with $15,000 cash deposits. The married couple, who own Abby’s Bakery and Dulce’s Cafe, is charged with harboring eight people illegally present in the country. During the hearing, Special Agent Dillon Duke testified that a tip that came into a Homeland Security Investigations tip line in December resulted in an investigation being initiated. Then, on Feb. 12, HSI special agents encountered Baez and Avila-Guel at the bakery and found eight people who were in the country illegally, according to a complaint. Duke, however, clarified during testimony that apparently six of the individuals held temporary visas. It’s unclear whether they overstayed. Duke said two were in the country illegally. The complaint said that on Feb. 12, the owners admitted to knowing the people were in the country illegally. Duke testified that they told him that they knew a day like this was coming. According to Duke, the people stayed in a small, rectangular room called “Unit 5” that was on the side of the property. He said the room had six beds and two bathrooms. He also said that the people were paid $8 an hour. Sergio Villarreal, who represents Baez, argued that while the people in the country illegally were employed, the couple wasn’t harboring because they weren’t trying to hide them, weren’t keeping them against their will and because they were free to leave the premises at any time. Villarreal said for the harboring charge to apply, there needed to be covertness. Betancourt, the judge, however, found probable cause during the hearing. After the hearing, Villarreal described his client’s arrest as political. “This is scary. They are setting a precedent for what’s going to happen in the area. This feels like a political raid,” Villarreal said. He also described Baez and Alicia-Gruel as resilient. “They just want to get back to work,” he said. “They’re scared of this political situation.” David Avila, Avila-Gruel’s brother, spoke on behalf of the family following the hearing. “They are hard working people who are very involved in the community,” he said. “All we ask for is respect at this time.”