Rodriguez-Echeverria v. Mukasey, ___ F.3d ___ (9th Cir. Jul. ___, 2008) (noncitizen locked in a room overnight by the DHS had been "arrested" for purposes of 8 C.F.R. 287.3, requiring advisal of right to counsel and that any statements made could be used against the noncitizen; case remanded to BIA to determine whether statements can be suppressed because DHS violated the regulation and/or whether there was a Fifth Amendment due process violation).