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Bloggings: American Immigration Council Challenges BIA Decision Denying Miranda-like Warnings to Immigrants Under Arrest, By: Danielle Beach-Oswald

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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).

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  1. Monster LadyGaga's Avatar
    At the same time, many states with Republican legislatures are weakening the influence of minorities and the poor through restrictive voter ID laws designed to keep them away from the polls. Nothing could be more dangerous for the future of immigration in America. This is not to say that the Republican plutocrats are against all immigration. Romney, for one, says that he "loves" immigration. I am sure that, for once, he is telling the truth, despite his ultra-hard line on unauthorized immigration.

    There is little doubt that he does favor immigration - by other wealthy hedge fund managers like himself. Newt, for his part, wants to eliminate the H-1B cap entirely, which is by far one of the most intelligent ideas that any presidential candidate, including Obama, has advocated in this election cycle so far.

    Despite two recent articles in the Financial Times by Alan Greenspan absurdly claiming that H-1B workers belong to the wealthy upper class, something which would come as news to the great majority of H-1B visa holders, eliminating the H-1B cap would benefit the middle class most of all.
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