De Rodriguez-Echeverria v. Mukasey

Maria de Rodriguez-Echeverria (“Rodriguez”) petitions for review of a final order of removal, arguing that the Immigration Judge (“U”) erred in failing to suppress her statements, which she maintains were obtained in violation of Department of Homeland Security (“DHS”) regulations and were coerced in violation of the Fifth Amendment’s Due Process Clause. She also argues that the Board of Immigration Appeals (“BIA”) abused its discretion by affirming the IJ’s decision without opinion. We agree that the IJ erred in determining that Rodriguez was not under arrest at the time she gave her incriminating statements, and so we remand for the BIA to determine in the first instance whether her rights under the regulation were infringed and whether her statements were freely given.

BACKGROUND

Rodriguez is a native and citizen of Mexico who has been a legal permanent resident of the United States since October 2002. On the morning of January 11, 2004, she drove from her home in Ana heim, California to Mexico along with her 7-year-old U.S. citizen son, Erwin. While in Mexico, Rodriguez met up with her sister, Socorro Rodriguez (“Socorro”), who is also a legal permanent resident of the…