Arreola-Cervantes

MEMORANDUM

Petitioner Francisco Javier Arreola-Cervantes, a native and citizen of Mexico, appeals an order by the Board of Immigration Appeals dismissing his appeal from an Immigration Judge’s (“IJ”) order finding him inadmissible because he had falsely stated he was a United States citizen while attempting to enter this country. We deny the petition.

Petitioner admitted — first to a border patrol agent, then to the IJ — that he falsely represented himself to be a U.S. citizen to gain entry into the United States. This meant that Petitioner was inadmissible under 8 U.S.C. § 1182 (a)(6)(C)(ii).

Petitioner argues that the IJ erred in denying his motion to exclude the testi mony of the border patrol agent. We disagree. The exclusionary rule applies in civil immigration proceedings only when the Fourth Amendment violation is “egregious.” Gonzalez-Rivera v. INS, 22 F.3d 1441, 1448-49 (9th Cir.1994); see INS v. Lopez-Mendoza, 468 U.S. 1032, 1050-51 , 104 S.Ct. 3479 , 82 L.Ed.2d 778 (1984). Even assuming Petitioner’s Fourth Amendment rights were violated, the violation was not “egregious.” The agent testified that, while at the El Paso airport, Petitioner appeared nervous, avoided eye…