United States Ninth Circuit

In an appeal arising after defendant was found to be a juvenile delinquent based on violations for transporting illegal aliens in the U.S. and bringing illegal aliens to the U.S. for "commercial advantage or private financial gain", the district court's decision is reversed in part and remanded where: 1) juveniles must be provided with the protections of section 5033 of the Juvenile Justice and Delinquency Prevention Act (JDA) "[w]henever [they are] taken into custody," regardless of the evidence available to officers at the time of arrest about the individual's age; 2) section 5033 was violated in every respect in this case; and 3) a remand was required for consideration of whether the violations were a cause of defendant's confession.

Appellate Information

• Argued Array
• Decided 06/12/2008
• Published 06/12/2008

Judges

• Before MARSHA S. BERZON and SANDRA S. IKUTA, Circuit Judges, and JAMES K. SINGLETON,Chief District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Leila W. Morgan, Deputy Federal Defender, and Kris J. Kraus, San Diego, CA, for the defendant-appellant., Christopher P. Tenorio, Assistant United States Attorney, San Diego, CA, for the plaintiff-appellee.