092749P.pdf   10/28/2010  United States  v.  Fidel Quintana
   U.S. Court of Appeals Case No:  09-2749
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Murphy,
   Circuit Judge]
   Criminal case - criminal law. Immigration authorities had probable
   cause to believe that defendant, who had been stopped for speeding by a
   state trooper, was an alien subject to deportation and that he was likely to
   escape before a warrant could be obtained; as a result, the authorities had
   probable cause to make a warrantless administrative arrest for deportation
   proceedings under 8 U.S.C. Sec. 1357(a)(2) and 8 C.F.R. Sec.
   287.8(c)(2)(iv); the district court did not commit plain error by not
   holding an evidentiary hearing to permit defendant to contest the
   immigration agent's affidavit as defendant's pleadings had not contested
   the facts asserted in the affidavit; defendant's statements to immigration
   authorities were admissible.