United States Ninth Circuit

Petition for review of a decision removing petitioners to Mexico is granted where: 1) petitioners' respective Forms I-213 (Record of Deportable/Inadmissible Alien) and a sworn statement by one petitioner should have been suppressed; and 2) the government did not produce any other evidence tending to show petitioners' alienage in the proceedings before the IJ.

Appellate Information

• Argued 06/04/2008
• Decided 08/08/2008
• Published 08/08/2008

Judges

• Before:  WILLIAM C. CANBY, JR. and JAY S. BYBEE, Circuit Judges, and JUSTIN L. QUACKENBUSH, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Sara J. O'Connell, Morrison & Foerster, LLP, San Diego, CA, for the petitioners.


• For Appellees:
  
• Aviva L. Poczter, (briefs) and Song Park (oral argument), United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.