United States v. Ignacio Orozco-Rico

This appeal presents a question of first impression: Did the Government’s returning to Mexico alien witnesses, who might have impeached the Government’s testimony about founded suspicion to stop the vehicle driven by the defendant, violate his due process and compulsory process rights in a prosecution for status offenses ( 8 U.S.C. §§ 1325 , 1326)? We answer the question negatively, holding that United States v. Mendez-Rodriguez (9th Cir. 1971) 450 F.2d 1 does not apply in this situation.

On the evening of February 10,1978, two border patrol agents were watching northbound traffic on Interstate 5, near the San Clemente checkpoint. The checkpoint was temporarily closed. The agents saw a northbound 1967 Ford automobile as it traveled through the area lighted by the checkpoint floodlights. The vehicle was “riding low” and the windows were fogged, indicating to the border patrol officers that “there was a temperature in that car that wasn’t on the outside of the car.” The agents followed the Ford and saw only one person in the vehicle, the driver. One of the agents shined his light on the driver’s face to get his attention. The driver did not acknowledge the light, and he displayed…