Nature of the Case
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Facts
Mendoza (D) was arrested at his place of employment, and the agents had not sought a warrant to search the premises or to arrest any of its occupants. The proprietor of the shop firmly refused to allow the agents to interview his employees during working hours. While one agent engaged the proprietor in conversation, another entered the shop and approached D. In response to the agent's questioning, D gave his name and indicated that he was from Mexico with no close family ties in the United States. The agent then placed him under arrest. After further questioning, D admitted he was born in Mexico, was still a citizen of Mexico, and had entered this country without inspection by immigration authorities. D's counsel moved to terminate the proceeding before the Immigration judge on the ground that D had been arrested illegally. The judge ruled that the legality of the arrest was not relevant to the deportation proceeding. The Form I-213 and the affidavit executed by D were received into evidence without objection from D. On the basis of this evidence, the Immigration Judge found D deportable. D challenged the regularity of those proceedings on grounds related to the lawfulness of their respective arrests by the INS (P). On administrative appeal, the BIA affirmed the deportation orders. The Court of Appeals for the Ninth Circuit, sitting en banc, reversed Sanchez' deportation order and vacated and remanded Ds deportation order.
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