Sebastian Quintero-Huerta v. Eric Holder, Jr.

MEMORANDUM

Sebastian Quintero-Huerta, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his motion to suppress evidence and his request to terminate proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review the denial of a motion to suppress de novo. See United States v. Jones, 286 F.3d 1146, 1150 (9th Cir.2002). We deny the petition for review.

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 acts egregiously when he “committ[s] the violation deliberately or by conduct a reasonable officer should have known would violate the Constitution.” Id. Quintero-Huerta does not contend that the officers here deliberately violated his Fourth Amendment rights. Nor should a reasonable…