United States Ninth Circuit

Petition for review of a final order of removal is granted and the matter remanded where: 1) an IJ erred in determining that petitioner was not under arrest at the time she gave certain incriminating statements; and 2) a remand was required to determine whether her rights under 8 C.F.R. section 287.3 were infringed and whether her statements were freely given.

Appellate Information

• Argued 05/06/2008
• Decided 07/25/2008
• Published 07/25/2008

Judges

• FISHER, Circuit Judge:, Before:  RAYMOND C. FISHER and RICHARD A. PAEZ, Circuit Judges, and JAMES L. ROBART, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Andrew Knapp, Cifuentes Knapp & Associates, Los Angeles, CA, for the petitioner.


• For Appellees:
  
• Jonathan Robbins (argued), Mona Maria Yousif, James A. Hunolt, and Peter D. Keisler, Assistant Attorney General, Department of Justice, Washington, D.C., for the respondent.