Davila-Bardales v. Immigration and Naturalization Service case brief

Davila-Bardales v. Immigration and Naturalization Service case brief summary
27 F.3d 1 (1984)

CASE SYNOPSIS

Petitioner illegal alien, who was also a minor, sought a petition for review of the decision of the Board of Immigration Appeals, which affirmed an Immigration Judge's deportation order against petitioner.

CASE FACTS
An Immigration Judge issued a deportation order against petitioner illegal alien after petitioner admitted his unlawful entry into the United States during the hearing. Petitioner was under the age of 16 and was not presented by counsel, or a guardian, relative, or friend, at the hearing. The Board of Immigration Appeals (BIA) affirmed the deportation order, and petitioner sought review.

DISCUSSION

• On appeal, the court granted the petition for review, vacated the BIA's decision, and remanded. 
• The court held that the Immigration Judge violated 8 C.F.R. § 242.16(b), which mandated that an admission of deportability from an unrepresented respondent who was under age 16 and was not accompanied by a guardian, relative or friend could not have been accepted. 
• The court further found that the BIA had held in other cases that where respondent Immigration and Naturalization Service sought to establish alienage based on alleged admissions during the interrogation of an unaccompanied minor, respondent should have presented evidence from the arresting officers in order to demonstrate that the interview was conducted in a non-coercive manner.
• The court found that no such evidence was submitted.

OUTCOME

• The court granted the petition for review, vacated the decision that affirmed an Immigration Judge's deportation order against petitioner illegal alien, and remanded. 
• The court held that if an administrative agency decided to depart significantly from its own precedent, it must have confronted the issue squarely and explained why the departure was reasonable.

Recommended Supplements for Administrative Law
Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)