In his new order, issued last week, Pelletier noted that the two ICE agents testified that they arrived at the apartment complex on Peachtree Industrial Boulevard to capture a “criminal alien” who was said to be living there. The agents said they saw Chavez, who appeared to fit the description of the man they were looking for. When one of the officers got out of the car, Chavez took off running.

The agents testified they both wore vests with “POLICE” clearly written on the front and back, Pelletier said. When they caught up to Chavez, he told them he was not legally in the U.S., the decision said.

If Chavez admitted to that, “it was lawful for the officers to arrest them,” Pelletier said. He also found the agents’ testimony to be credible.

Chavez’s lawyers, Noemi Puntier and Michael Saul, expressed disappointment with the judge’s decision.

The ICE agents testified they were looking for a suspect who stood between 5-foot-7 and 5-foot-10; had black hair, black eyes and “Hispanic complexion;” and weighed 160 to 180 pounds, the lawyers said in a statement.

“The judge concluded that this description did not amount to racial profiling,” the lawyers said. “We disagree. This description can be used against almost any Hispanic man.”