Robinet

MEMORANDUM **

1. The “routine booking question” exception to Miranda permits questions pertaining to biographical information, Pennsylvania v. Muniz, 496 U.S. 582, 600-02, 606-07 , 110 S.Ct. 2638 , 110 L.Ed.2d 528 (1990), provided that they are not “reasonably likely to elicit an incriminating response from the suspect,” United States v. Booth, 669 F.2d 1231, 1237 (9th Cir.1981) (quoting Rhode Island v. Innis, 446 U.S. 291, 301 , 100 S.Ct. 1682 , 64 L.Ed.2d 297 (1980)). In evaluating whether a question falls within the exception, the “relationship of the question asked to the crime suspected is highly relevant.” United States v. Matar-Abundiz, 717 F.2d 1277, 1280 (9th Cir.1983) (citing Booth, 669 F.2d at 1238 ).

The agent’s question about Robinet’s immigration status, in response to which Ro-binet admitted that he had overstayed his visa, was merely a review of the biographical information provided by Robinet, and was not related to the offense that the agent was investigating. Nor was Robinet charged with violating immigration laws. We conclude, therefore, that the agent did not ask this question with the knowledge that it was “reasonably likely to elicit an incriminating…