On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A092-732-826
The opinion of the court was delivered by: Rawlinson, Circuit Judge
Argued and Submitted November 3, 2010-Pasadena, California
Before: Alfred T. Goodwin and Johnnie B. Rawlinson, Circuit Judges, and Jack Zouhary, District Judge.*fn1
Opinion by Judge Rawlinson; Concurrence by Judge Zouhary
This case requires us to interpret and apply the confidentiality provision of the statute governing the Special Agricultural Workers program (SAW). See 8 U.S.C. § 1160. Because we conclude that the confidentiality provisions were not contravened during the inspection at issue in this case, we deny the petition for review.
This case originated at an inspection checkpoint in the Los Angeles International Airport (LAX). Appellant Lourdes Vino-Soriano (Soriano) was returning from the Philippines when she was asked by an Immigration and Naturalization Service (INS) inspector where she worked and for whom she worked. After Soriano answered the questions, the inspector asked her to remain in the waiting area. After two to three hours, two other inspectors entered and interrogated Soriano for five to six hours.
Soriano stated that she was told by the inspectors that her green card was fake and that she could be deported immediately. She was also told that the inspectors were checking her record. Soriano remembered being informed that she was not entitled to an attorney and recalled being denied her request to make a telephone call or use the bathroom. Soriano did not feel she could leave the room.
In the course of the interview, Soriano signed a sworn statement reflecting her responses to the questions, including her admission that she committed fraud to obtain her status under the SAW program. One question of particular interest to the inspectors was whether Soriano had worked on the farm listed as her place of employment when she obtained admission under the SAW program. Soriano verbally denied working on the farm and repeated the denial in her sworn statement. According to Soriano, she had no choice but to sign the sworn statement, because the INS officers threatened to send her back to the Philippines. Soriano later contended that not all of the information in the sworn statement was true. Specifically, Soriano asserted that her statement about not working on the farm was false.
When questioned about the inconsistencies concerning the dates of her employment on the farm, Soriano replied that she was tired from the long flight, she was hungry, and she felt imprisoned. Soriano also explained that she did not review the statement; the officer just told her to sign it.
During cross-examination, Soriano remarked that she believed the inspectors were checking her immigration file because they questioned the validity of her green card and looked at the back of her green card. However, no ...