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< Back to current issue of Immigration Daily

Bloggings on Immigration Law

by Danielle Beach-Oswald

American Immigration Council Challenges BIA Decision Denying Miranda-like Warnings to Immigrants Under Arrest,

Washington, D.C.—On Friday, the American Immigration
Council challenged a decision by the Board of Immigration Appeals (BIA) ruling
that immigrants who are arrested without a warrant do not need to receive
certain Miranda-like warnings before being interrogated.

Under federal regulations, immigration officers must
advise such noncitizens of the reason for their arrest, of their right to legal
representation, and that anything they say may be used against them in a subsequent
proceeding. Last August, however, the BIA ruled that these warnings are not
required until after questioning has ended and charging papers are filed with
an immigration court.

In an amicus brief filed with the U.S. Court of Appeals
for the Ninth Circuit, the Council argued that the BIA misinterpreted both the
text and purpose of the regulation.

“As a matter of law and fundamental fairness, people
placed under arrest should be advised of their rights before questioning, not
after,” said Melissa Crow, Director of the American Immigration Council’s Legal
Action Center. “The BIA’s ruling renders the notifications virtually
meaningless and will subject countless immigrants to coercive questioning by
federal officers.”

The brief was joined by the American Immigration Lawyers
Association, the Lawyers’ Committee for Civil Rights of the San Francisco Bay
Area, the National Immigration Law Center, the National Immigration Project of
the National Lawyers Guild, and the Northwest Immigrants Rights Project.

The Ninth Circuit case is Miranda Fuentes v. Holder, No.
11-72641. The BIA ruling under challenge is Matter of E-R-M-F- & A-S-M-
http://wfc2.wiredforchange.com/dia/track.jsp?v=2&c=mfnsRA8cOtKiB4p%2BhCF9GWN5XjZMbbvT , 25 I&N Dec. 580 (BIA 2011).

US Sanctions Foreign Nationals use of Cell Phones and Internet for Human Right Abuses,

President Obama will issue an executive order Monday that will allow U.S. officials for the first time to impose sanctions against foreign nationals found to have used new technologies — from cellphone tracking to Internet monitoring — to help carry out grave human rights abuses.

Read more here.


About The Author

Danielle Beach-Oswald is the current President and Managing Partner of Beach-Oswald Immigration Law Associates in Washington, DC. Ms. Beach utilizes her 19 years of experience in immigration law to help individuals immigrate to the United States for humanitarian reasons. Born in Brussels, Belgium, Ms. Beach has lived in England, Belgium, Italy and Ivory Coast and has traveled extensively to many countries. Ms. Beach advocates for clients from around the world who seek freedom from torture in their country, or who are victims of domestic violence and trafficking. She has also represented her clients at U.S. Consulates in Romania, China, Canada, Mexico, and several African countries. With her extensive experience in family-based and employment-based immigration law Ms. Beach not only assists her clients in obtaining a better standard of living in the United States, she also helps employers obtain professional visas, and petitions for family members. She also handles many complex naturalization issues. Ms. Beach has unique expertise representing clients in immigration matters pending before the Federal District Courts, Circuit Courts, Board of Immigration Appeals and Immigration Courts. She has won over 400 humanitarian cases in the United States. Her firm's website is www.boilapc.com. s


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.


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