United States v. Lin Chen

In this interlocutory appeal, the government challenges the district court’s decision to suppress statements made by defendant Lin Chen (“Chen”). Chen made the statements during an interview with an Immigration and Naturalization Services (“INS”) agent who was investigating a third party suspected of running an alien smuggling ring. At the time of the interview, Chen was in custody in Guam on an administrative deportation warrant. The district court concluded that the INS agent was required to give a Miranda warning before the interview. The court therefore granted Chen’s motion to suppress, and the government now appeals. We have jurisdiction under 18 U.S.C. § 3731 and affirm the district court’s decision to suppress Chen’s statements.

Background

On January 10, 2001, INS Special Agent Timothy Conway (“Conway”) and other INS agents executed a search warrant at Apartment 101 at the Harmon Gardens apartment complex. The search warrant was in connection with the criminal investigation of Ho Chun Li (“Li”), who was suspected of smuggling aliens. A confidential informant had revealed to the INS that numerous illegal aliens were living in the apartment. The agents encountered…