Tuesday, February 26, 2008

Aroused By Cartoons Is That Normal

You Have the duty to speak ....

One more day for the interesting and sometimes contradictory world of immigration law.

The "Miranda Warnings" backwards ....

Whenever I hear more stories of lawyers who have seen immigration-related cases (though not necessarily of immigration), where a customer comes to them is "fastidiao." "Fasitidiao", commonly to boricua, jod ** if not, they are induced by immigration officials to answer everything they ask to be detained. The threat is typical: you have no constitutional rights and can not remain silent.

However, this is a lie. Many lawyers are

agree that, although a foreigner is arrested at the airport or within the country for questioning, it can refuse to answer certain questions that can be admissions that the person committed a crime. For example, see this case: a person is arrested on the border with Mexico and makes a "frisk (pat down), where CBP officers found something they suspect is drug. At that time, the detainee asked if that was dope. The silent, and the insistence of the agent, admits that it is drug. A Circuit Court ruled then that the man was arrested and was entitled to keep silienco. That is, she was given the "Miranda Warnings."

When something happens well, it is preferable that the alien is silent, but not directed, and is limited to answering questions about his citizenship and immigration status.

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