Rodriguez-Echeverria v. Mukasey (9th Cir. 7/25/08)

FISHER Paez Robart (dct)

The Petitioner was detained at the border, and later charged to have tried to smuggle her nephew into the US.  She moved for suppression for lack of Miranda warnings - the regs, 8 C.F.R. § 287.3(c), require Miranda warnings for some warrantless arrests, and describe non-arrests as follows: “as long as the immigration officer does not restrain the freedom of an individual, not under arrest, to walk away.” 8 C.F.R. § 287.8(b)(1). The CtApp found that where she wasn't free to leave, she was under arrest - so granted Petition and remanded to BIA and IJ for analysis of whether any advisals re counsel were required (and if so, since they weren't given, whether suppression is appropriate).  Separately, the CtApp strongly suggested that the case shouldn't have been decided by a single-member BIA opinion, since there is no current caselaw analyzing the applicable regulation.

Read opinion here:

Comments

Add New Search

Write comment
Name:
Email:	do not notifynotify
Website:
Title:
UBBCode:	-color-aquablackbluefuchsiagraygreenlimemaroonnavyolivepurpleredsilvertealwhiteyellow -size-tinysmallmediumlargehuge
	Please input the anti-spam code that you can read in the image.

Powered by !JoomlaComment 3.12

Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.