United States Ninth Circuit

A petition for review of the BIA's dismissal of a Mexican citizen's appeal of an order of removal, claiming that he was entitled to counsel during secondary inspection at the port of entry under 8 C.F.R. section 292.5(b), is denied where: 1) section 292.5(b) did not entitle petitioner to counsel, because the border officers were permitted to treat petitioner as an applicant for admission based on their conclusion that he had engaged in illegal activity, without waiting for a final administrative determination; and 2) petitioner's claims that his statements admitting the attempt to smuggle his niece across the border were coerced and used against him in violation of due process is rejected.

Appellate Information

• Decided 09/14/2012
• Published 09/14/2012

Judges

• Clifton

Court

• United States Ninth Circuit

Counsel