Benjamin Nunez-Marquez v. Eric Holder, Jr.

MEMORANDUM

Benjamin Nuñez-Marquez (Núñez), a native and citizen of Mexico, petitions for review of the dismissal of his appeal by the Board of Immigration Appeals (BIA). The BIA affirmed the decision of an immigration judge (IJ) denying his motion to suppress evidence and his request to terminate proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We deny the petition.

1. The BIA did not err in denying the motion to suppress. The exclusionary rule does not generally apply in immigration proceedings. See INS v. Lopez-Mendoza, 468 U.S. 1032, 1050-51 , 104 S.Ct. 3479 , 82 L.Ed.2d 778 (1984). We have held, however, that it does bar the introduction of evidence obtained through “egregious violations” of the Fourth Amendment. See Orhorhaghe v. INS, 38 F.3d 488, 493 (9th Cir.1994). An officer acted egregiously when he “committed the violation deliberately or by conduct a reasonable officer should have known would violate the Constitution,” Id.

Petitioner does not contend that the officers here deliberately violated petitioner’s Fourth Amendment rights. Nor should a reasonable officer have known that the Anacortes checkpoint was unconstitutional. While the District Court for the…