Perhaps you should explain why?
The government withdrew the immigration case after Rubashkin was convicted on fraud charges, which carried a heavier sentence.
The immigration charges were dismissed “without prejudice,” which means the DOJ can still prosecute Rubashkin.
Also, in exchange for the immigration dismissal, Rubashkin agreed that “evidence of immigration violations” could be examined by the judge who sentenced him for the fraud charges.
One final note - the list of judges, politicians, and former AGs who asked that Rubashkin’s sentence be reduced reads like a Who's Who of the Hard Left and Amnesty RINOs.
My guess his acquittal on state charges of employing illegals, including children, played some part in the decision not to prosecute as well. But they can recharge him now if they like.