The BIA in Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011) determined that "Until an alien who is arrested without a warrant is placed in formal proceedings by the filing of a Notice to Appear (Form I-862), the regulation at 8 C.F.R. § 287.3(c) (2011) does not require immigration officers to advise the alien that he or she has a right to counsel and that any statements made during interrogation can subsequently be used against the alien."
This seems outrageous. Law enforcement officers are required to immediately read a suspected defendant his Miranda rights, but not in the Immigration world? Is the Board determining that immigration officers are not real law enforcement officers?
Ricky Malik, Esq.
www.rmlegal.com