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D.Neb.: Warrantless arrests of suspected aliens for criminal prosecution require taking the suspected alien before a USMJ for an appearance, but an arrest for deportation doesn?t

By John Wesley Hall, Jr.

Warrantless arrests of suspected aliens for criminal prosecution require taking the suspected alien before a USMJ for an appearance, but an arrest for deportation doesn’t. United States v. Bernal, 2011 U.S. Dist. LEXIS 30484 (D. Neb. March 23, 2011): The regulations implementing 8 U.S.C. § 1357(a) carefully distinguish between warrantless arrests for the purpose of commencing civil deportation proceedings, and warrantless arrests for criminal violations of the immigration laws. Quintana, 623 F.3d at 1240 & n.1 (noting that the regulations require that when a person is “arrested and charged with a criminal violation of the laws of the United States, the arresting officer shall advise the person of the appropriate rights as required by law,” and must take the defendant without unnecessary delay before a magistrate judge or other appropriate judicial officer, whereas “[b]ecause arrests under § 1357(a)(2) for the purpose of deporting an illegal alien result in ‘civil’ or ‘administrative’ removal proceedings, aliens held in that type of custody are not entitled to the protections of Rule 5(a) of the Federal Rules of Criminal Procedure [providing for appearance before a magistrate]”).continue to full post

Full post as published by Fourth Amendment on March 27, 2011 (boomark / email).