Davila-Bardales v. Immigration And Naturalization Service

27 F.3d 1 (1st Cir. 1994)

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Nature of the Case

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Facts

At 15 years-old, D entered the country unlawfully, without inspection by an immigration officer. D admitted the circumstances of his entry. The IJ asked the petitioner whether he was a 'native and citizen of Peru,' whether he 'entered the United States near Laredo, Texas, on or about July 27, 1989,' and whether he did so 'through the river, through the fence, or conceal[ing] [him]self in some way without presenting [him]self to an Immigration Officer' for inspection. D answered all these questions affirmatively. INS (P) regulations prohibit using an immigration hearing of an admission of deportability from an unrepresented person under 16 years-old, not accompanied by a guardian, relative or friend. The IJ realized that D's age and lack of representation created a potential legal problem. At that point, the IJ showed D a form, called a form I-213, made soon after the Border Patrol apprehended him near Laredo on the evening of his alleged entry. The IJ pointed out that it said that D was 'a native and citizen of Peru,' who 'last entered the United States on July 27, 1989, near Laredo,' and was 'not inspected at that time.' In response, D said that 'everything is correct.' P contends that D’s admission as to the correctness of the form I-213 was not an admission of deportability. P then entered an order for deportation against D. The BIA affirmed that order and D petitioned for review.