United States v. Valenzuela-Bernal Page 26

United States v. Valenzuela-Bernal general information

Media for United States v. Valenzuela-Bernal

Audio Transcription for Oral Argument - April 20, 1982 in United States v. Valenzuela-Bernal

John Paul Stevens:

Because the rule is not that different from the Ninth Circuit rule, you don't think it's so strict that you can't take that risk.

Carter G. Phillips:

Well, I mean, it's not my decision to take that risk but the --

John Paul Stevens:

Well, it's somebody's decision.

Carter G. Phillips:

That's true, the Border Patrol agents and the Fifth Circuit have on occasion released illegal aliens especially in circumstances such like the (Inaudible) position -- situation where you have a large number of illegal aliens all of whom seem to say the same thing.

We don't detain all 39 of them in the Fifth Circuit, Your Honor.

John Paul Stevens:

My question -- my question really is that if you are -- if you don't -- if we do not agree with your first submission, would the Government regularly -- and I suppose you had to operate under the Fifth Circuit rule -- would the Government regularly release a lot of witnesses that it would not release under the Ninth Circuit rule?

Carter G. Phillips:

Well then, there would certainly be some instances where there is clear inculpatory statements made by the -- by the defendant at the time of his arrest and where all other statements that are sworn by the illegal aliens are cumulative, we will almost assuredly release some illegal aliens.

Warren E. Burger:

Thank you, gentlemen.

The case is submitted.

We'll hear arguments next in --