Lopez-Rodriguez v. Mukasey

636 F.3d 1012 (2008)

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Lopez-Rodriguez v. Mukasey

United States Court of Appeals for the Ninth Circuit
636 F.3d 1012 (2008)

Facts

In 2000, the Immigration and Nationalization Service (INS) was informed that a 17-year-old female named Fabiola Gastelum-Lopez (Gastelum) (plaintiff) was fraudulently using a birth certificate belonging to a United States citizen in order to obtain employment. Without a warrant, three INS agents went to the address supplied by the tip. Gastelum later testified that she did not permit the agents to come into the house, but that they pushed the door open and entered. Once inside the home, the agents questioned Gastelum and her aunt, Luz Lopez-Rodriguez (Lopez) (plaintiff) (collectively Plaintiffs), regarding their countries of birth. Plaintiffs were arrested and taken into federal custody. While in custody, Plaintiffs admitted to being native citizens of Mexico who were in the United States illegally. Thereafter, the INS initiated proceedings to remove Plaintiffs from the United States. During their joint removal proceeding, Plaintiffs requested that all documentation pertaining to their confession be suppressed. The immigration judge ordered Plaintiffs removed from the country and the Board of Immigration Appeals (BIA) affirmed. Plaintiffs filed a petition against Attorney General Michael Mukasey (defendant) (hereafter the Government) in the Ninth Circuit Court of Appeals, appealing the BIA’s decision.

Rule of Law

Issue

Holding and Reasoning (Canby, J.)

Concurrence (Bybee, J.)

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