Carlos Godinez, who owned Nick’s Gyros in Kearney, often contributed to area fundraisers. (Courtesy of Godinez family)
By Cindy Gonzalez, Nebraska Examiner
Omaha, NE – Roughly 2,500 petition signers and a courtroom overflowing with supporters, some relatives who are U.S. citizens, could not stop the deportation of a well-known Kearney, Nebraska, businessman.
An Omaha immigration judge on Tuesday ordered that Carlos Godinez be returned to his native Guatemala, a place he hadn’t visited since leaving 37 years ago, at age 10, with his mother to be with his father in the U.S.
A screenshot of a social media post in which supporters of Carlos Godinez ask for petition signatures to deliver to an immigration judge. Godinez is shown with his mom. (Screenshot of Facebook)
Judge Abby Meyer cited his misdemeanor criminal record, said his sister Rose Godinez. Her brother appeared virtually on a screen for the hearing in Omaha’s immigration court, which she said lasted less than 15 minutes. He spoke, but Rose felt he didn’t get the chance to respond, defend or elaborate on his record.
“We feel quite a bit of anxiety not knowing what comes next,” Rose said after the hearing. “He can’t wait to see and hug his kids, even if it’s on the other side of the border.”
In a climate where immigrants often dodge attention, Godinez’s case was unusual in that his business social media account and friends spread word about his possible deportation, sparking a barrage of petition signatures delivered to the judge. Online well wishes came from people familiar with the Nick’s Gyros restaurant he owns and has operated for about 15 years in Kearney and his family that settled in Nebraska nearly four decades ago.
Critics weighed in, too. About 100 backers wrote letters to the court, attesting to his community profile and volunteer fundraising efforts.
Rebuilding a life
Immigration attorney Rachel Yamamoto said the judge determined that the negatives outweighed his positive contributions. While her client never gave up, she said he knew his chances were “pretty slim.”
In a brief virtual personal conversation the judge allowed afterward, Godinez sought to soothe his two sons, parents and siblings.
Carlos Godinez, around age 10, with baby sister Rose, when the family was in California and soon to move to Nebraska. (Courtesy of Godinez family)
Yamamoto recounted part of the exchange: “He told them, ‘I’m an entrepreneur. I’m going to build my life again in Guatemala. This is not the end, I will see you again.”
Court records show misdemeanor criminal infractions in Godinez’s past, including a 2018 charge for possession of less than one ounce of marijuana in Lancaster County. Immigration attorneys say that any drug conviction is, under federal law, a hard stop barrier to relief from deportation.
Now 47, Godinez was charged in Buffalo County for driving under the influence of alcohol in 2022 and in 2024. Hall County records show a misdemeanor “assault — mutual fight” conviction related to a 2020 domestic assault arrest.
On March 11, ICE agents took Godinez into custody, where he has been held since in Hall County Jail after he had served a 30-day sentence and was on probation in Buffalo County for violating terms of a driver’s license revocation.
His unauthorized status would prohibit him from lawfully obtaining a driver’s license in Nebraska, his lawyer said.
No appeal
Yamamoto said Godinez’s case is a stark reminder of risks noncitizens face — regardless of the commendations they may rack up while living in the U.S.
“Taken in context, his life has been overwhelmingly a positive one,” Yamamoto said. “He has definitely contributed more to his community than he has taken from it with these minor criminal charges.”
Tuesday morning, about 50 supporters packed the courtroom, and many more overflowed into a hallway, Yamamoto said. Among them were his parents and several of his four siblings.
Yamamoto said no option exists for Godinez to remain in the U.S. She said he did not want to stay detained for months to battle for an appeal.
In his corner throughout was his sister Rose, one of the five Godinez siblings who graduated from Nebraska’s Lexington High School. Carlos Godinez was the oldest, born in Guatemala, while the youngest siblings, including Rose, were born later in the U.S., as citizens.
Now a private attorney, Rose formerly led the civil rights and immigration legal team at the American Civil Liberties Union of Nebraska. Their youngest brother is studying for his doctorate at Columbia University.
Several of Godinez’s well-wishers on social media were perplexed, curious why he hadn’t become a lawful resident.
Rose said her brother had options in the past, but described him as a “pull yourself up from the bootstraps kind of guy,” who balked at depending on another’s status to gain his own.
At one time, she said, he could have sought lawful permanent residency, which typically can lead to citizenship, through a petition filed by his former U.S.-born wife. U.S.-born children must be 21 to petition for a parent’s status adjustment. His children are 13 and 11 years old.
Yamamoto said the waiting list for a U.S.-born sibling to petition for an undocumented brother or sister can take more than a decade. A criminal offense could thwart opportunities, Yamamoto said.
‘American dream’
Carlos Godinez, left, and youngest sibling, Jonathan, with their sister, Rose, when she received the Nebraska State Bar Association’s Diversity Award. (Courtesy of Godinez family)
In a statement prior to his hearing, Carlos Godinez said he was “raised with the American belief that if you work hard, you earn your keep.”
He said, “I built a business, gave back to my community and lived what I believe is the American Dream, which is now at risk of being taken away.”
The fate of Godinez’s business is unknown, Rose said. While Godinez has distant relatives in Guatemala, he hasn’t seen them in years.
“It’s a starting over of sorts, but without his immediate family, without his connections and business and a lot of uncertainty,” she said.
Her family is “immensely grateful” to all those who supported Godinez, she said. Nebraskans and friends from other states and even people from out of the country learned of her brother’s situation and signed the petition.
“That smile, that heart will follow him wherever he goes,” she said. “If the United States did not appreciate what he did for this community, he won’t take that to heart. He will continue to do his same thing no matter what country he ends up in.”
Stay informed about what’s happening in your community. Your source for stories that inspire — visit HolaNebraska.org for news, culture, and community updates across Nebraska!