Davila-Bardales v. Immigration and Naturalization Service

27 F.3d 1 (1984)

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Davila-Bardales v. Immigration and Naturalization Service

United States Court of Appeals for the First Circuit
27 F.3d 1 (1984)

  • Written by Susie Cowen, JD

Facts

Under the authority of the Immigration and Naturalization Service (INS) (defendant), an Immigration Judge (IJ) ordered the deportation of Ricardo Davila-Bardales (plaintiff). INS regulations prohibit the use of an admission of deportability in a deportation hearing by an unrepresented individual under age 16 who is unaccompanied by a guardian, relative, or friend. Davila-Bardales was under 16, unrepresented, and unaccompanied at his deportation hearing, where he admitted that he entered the country illegally. During the hearing, Davila-Bardales also admitted that a form I-213 indicating his illegal entry into the United States was correct. The court found that INS regulations prohibited the use of both admissions. INS argued that the regulations did not prohibit use of the I-213 form itself to establish deportability. The form documented an interview between Davila-Bardales and a Border Patrol officer, who spoke little Spanish and who Davila-Bardales stated hit him in the face. The Board of Immigration Appeals (BIA) affirmed the IJ’s deportation order. Davila-Bardales sought review of the BIA’s decision.

Rule of Law

Issue

Holding and Reasoning (Selya, J.)

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