Munoz

I. BACKGROUND

At approximately 5:45 a.m. on April 2, 2003, Munoz and her two young children arrived at the San Ysidro, California, Port of Entry in a Ford minivan and applied for admission into the United States. Munoz told Inspector Jimenez, the pri- mary inspector, that she was a United States citizen and that she had been visiting her aunt in Tijuana. She also stated that the van she was driving belonged to her aunt and that she planned on visiting her uncle in the United States. Jimenez noticed that Munoz was sweating despite the cool weather, that she was avoiding direct eye contact, and that her answers were very brief. Jimenez’s inspection of the van revealed that it appeared to have a nonfactory addition, a black plastic cover along the bottom of the vehicle. Jimenez then referred 7036 UNITED STATES v. MUNOZ Munoz to secondary inspection. As Jimenez escorted Munoz to secondary inspection, she became aggressive, repeatedly asking Jimenez what the problem was and saying “you must be new, why are you giving me attitude.”

Secondary inspection revealed a compartment under the van’s rear floorboard that contained two Chinese nationals (the “aliens”). They…