Rodriguez v. Echeverria v. Mukasey

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 Anaheim, 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 United States. The three of them returned to the United States together with Emmanuel Martinez, who is Rodriguez’s and Socorro’s 15- year-old nephew and a Mexican citizen. Rodriguez testified that she wanted to take the boy on vacation in the United States. Emmanuel, however, did not have a visa that would allow him to enter.

Border patrol records show that at approximately 5:30 p.m. on January 11, Rodriguez attempted to cross the border back into the United States. Rodriguez testified that she was driv- 9338 RODRIGUEZ-ECHEVERRIA v. MUKASEY ing the car, her sister Socorro was in the front passenger seat and the two boys were in the back. Rodriguez handed the bor- der patrol officer her valid green card, Socorro’s valid green card and her son’s birth certificate.…