For Evidence in Law: The defendant, Pena, is charged with bringing an illegal alien into the United States for profit. Pena drove a car from Mexico to the U.S. border, where the car was searched by U.S. immigration officers. The officers found an illegal alien, Limon, hidden in the wheel well in the car=s trunk.

Limon was interviewed by the immigration officers. He said he was a citizen of Mexico and that Pena had driven him to the border. Pena also supplied his home address in Mexico. Limon was not charged criminally, but was detained and deported back to Mexico.

The case is now on trial. The prosecution does not intend to call Limon as a witness. Instead, the prosecution intends to introduce in evidence the INS report documenting Pena=s arrest and containing Limon=s statement. The defense objects. Out of the presence of the jury, the judge holds a hearing to determine the admissibility of the INS report. During that hearing, the following happens:

Judge: Even if I were to allow the INS report, or portions of it, as a public record, the report contains Limon=s statement, which is itself hearsay. Why should I admit Limon's statement under these circumstances?

Prosecution: Because Limon is unavailable, your honor. He was deported by the INS and is back at his home in Mexico.

Judge: I want to hear more on the unavailability issue from both sides. Provide, under the Federal Rules of Evidence, the arguments on both sides and the correct ruling.