United States v. Gerardo Alderete-Deras
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FLETCHER, Circuit Judge:
The government charged Alderete with illegal entry after deportation in violation of 8 U.S.C. § 1326 (1982), a felony. The district court granted Alderete’s motion to suppress evidence of his deportation. The court found Alderete’s deportation unlawful because it was based on compelled testimony, in violation of his fifth amendment rights. The government appeals.
FACTS
In 1981, Alderete was deported to Mexico as an alien who entered the United States illegally without inspection. See 8 U.S.C. § 1251(a)(2) (1982). At his deportation hearing, the Immigration Judge (“IJ”)…
2Cases cited15 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Escobedo v. IllinoisSupreme Court of the United States · 1964
- Massiah v. United StatesSupreme Court of the United States · 1964
- Lewis v. United StatesSupreme Court of the United States · 1980
- United States Ex Rel. Bilokumsky v. TodSupreme Court of the United States · 1923
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3Cited by26 opinions
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- Pedro Bustos-Torres v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1990
- UNITED STATES of America, Plaintiff-Appellee, v. Francisco SOLANO-GODINES, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
- United States v. Humberto Nicholas-ArmentaCourt of Appeals for the Ninth Circuit · 1985
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