Rivera-Sillas

I. FACTS AND PROCEDURAL HISTORY

Appellant Jose Luis Rivera-Sillas is a citizen of Mexico. On June 23, 2002, a border patrol agent apprehended Rivera- Sillas and several other people in the United States near the Tecate Port of Entry. The border patrol agent identified him- self to the group, and Rivera-Sillas and his companions admit- ted that they were citizens of Mexico and did not have legal documentation to be in the United States. The agent took Rivera-Sillas to the border patrol center for processing. There, the IDENT and AFIS fingerprint systems identified Rivera- Sillas as having been removed from the United States to Mex- ico six times, the last time on November 30, 2000, via Nogales, Mexico.

The border patrol agent read Rivera-Sillas his Miranda rights, and Rivera-Sillas agreed to speak to the agent without an attorney present. Rivera-Sillas then repeated that he was a citizen of Mexico and that he was in the United States without permission. When Rivera-Sillas realized that authorities were taking him into custody instead of deporting him to Mexico, he became confrontational and claimed that the border patrol field officers had beaten him. Authorities took…