United States v. Francisco Salgado, AKA Francisco Delgado-Salgado AKA Jorge Ramirez Martinez AKA Jorge Martinez Ramirez AKA Brigado Salgado Delgado

292 F.3d 1169 UNITED STATES of America, Plaintiff-Appellee, v. Francisco SALGADO, aka Francisco Delgado-Salgado aka Jorge Ramirez Martinez aka Jorge Martinez Ramirez aka Brigado Salgado Delgado, Defendant-Appellant. No. 00-50346. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 5, 2002. Filed June 21, 2002. Maria E. Stratton, Federal Public Defender, Los Angeles, CA, for the defendant-appellant. Tammy C. Spertus, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee. Appeal from the United States District Court for the Central District of California; Alicemarie H. Stotler, District Judge, Presiding. D.C. No. CR-99-00103-AHS. Before: PREGERSON, RYMER and T.G. NELSON, Circuit Judges. Opinion by Judge RYMER; Dissent by Judge PREGERSON. RYMER, Circuit Judge. 1 Francisco Salgado appeals his conviction pursuant to a conditional guilty plea to one count of being an illegal alien found in the United States following deportation in violation of 8 U.S.C. § 1326 . The district court denied a motion to suppress statements that Salgado made about his birth and citizenship to a civil investigative agent of the Immigration and…

Opinion by Judge RYMER; Dissent by Judge PREGERSON.

Francisco Salgado appeals his conviction pursuant to a conditional guilty plea to one count of being an illegal alien found in the United States following deportation in violation of 8 U.S.C. § 1326 . The district court denied a motion to suppress statements that Salgado made about his birth and citizenship to a civil investigative agent of the Immigration and Naturalization Service (INS) while he was incarcerated in the Orange County Jail on charges unrelated to his immigration status, and to an Orange County Police Officer when he was arrested (again on charges unrelated to his immigration status) after being deported and reentering the United States. We affirm.

I

Salgado was arrested on a state weapons charge and was housed at the Orange County Jail facility. Immigration Enforcement Officer Isley Lundgren was referred to Salgado by Orange County sheriff deputies because Salgado had indicated that he was born in a country other than the United States in the booking process. She interviewed Salgado on March 31, 1998 to determine whether he was subject to an administrative action for deportation. Lundgren asked his name,…

dissenting.

I believe that Salgado’s un-Mirandized statements to INS Agent Lundgren and Police Officer Holz should have been suppressed because they were the result of custodial interrogation. Accordingly, I dissent.

The majority correctly recites the test for determining whether questioning is interrogation within the meaning of Miranda: “whether under all of the circumstances involved in a given ease, the questions are reasonably likely to . elicit an incriminating response from the suspect.” Solano-Godines, 120 F.3d at 961 (citations omitted). However, the majority by-passes what I regard as the most critical fact in this case: INS Agent Lundgren’s and Police Officer Holz’s questioning was the product of a cooperative arrangement between the INS and the Orange County Jail (“Jail”), the purpose of which was to identify Jail detainees who were in the United States illegally and facilitate the initiation of civil and criminal INS proceedings against them.

The cooperative arrangement worked as follows. Jail detainees were asked about their place of birth and country of citizenship during the Jail’s routine booking process. When a detainee responded that he was born outside the…