BIA’s No Miranda-Rights Ruling Condemned | ImmigrationProf Blog | Bill O. Hing 8/15/11

US Immigration and Customs Enforcement arrest

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On August 11, 2011, the Board of Immigration Appeals held that immigrants arrested without a warrant are not entitled to certain Miranda-like warnings prior to questioning by immigration officers. In the precedential decision, Matter of E-R-M-F- & A-S-M- , the Board held that noncitizens need not be informed of their right to counsel or warned that their statements can be used against them until after they have been placed in formal deportation proceedings.

For decades, immigrants placed under arrest have been entitled to these critical advisals.  Like “Miranda” warnings for criminal suspects, such notifications help to ensure that statements made during questioning are not the product of coercion.  As a result of last week’s ruling, noncitizens under arrest will now be even more vulnerable to pressure from interrogating officers, and immigration judges will face greater difficulty determining whether statements made during questioning were truly voluntary.

The Board of Immigration Appeals is the highest administrative tribunal on immigration and nationality matters in the United States.  Decisions of the Board may be subject to review by federal courts or by the Attorney General.

For full article see: BIA’s No Miranda-Rights Ruling Condemned by Bill O. Hing, Professor of Law at Univ. of San Francisco School of Law

08/30/11 UPDATE

For more information see: Straddling the Civil-Criminal Divide: A Bifurcated Approach to Understanding the Nature of Immigration Removal Proceedings by Peter L. Markowitz, Assistant Clinical Professor of Law at Cardozo School of Law. May 21, 2008.

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About vinhsu

Center City Philadelphia General Practice Law Firm with emphasis on Criminal Defense, Family Law, Immigration, Real Property, and Wills/Trusts/ Estate Planning. Licensed in Pennsylvania and New Jersey.
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3 Responses to BIA’s No Miranda-Rights Ruling Condemned | ImmigrationProf Blog | Bill O. Hing 8/15/11

    • vinhsu says:

      Immigration proceedings can be considered civil or criminal proceedings. Presently, all removal proceedings
      as civil. See INS v. Lopez-Mendoza, 468 U.S. 1032, 1038 (1984). Miranda warnings and Miranda-like warnings are only required in criminal proceedings.

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