Jacob Ikperha Orhorhaghe v. Immigration and Naturalization Service

This case concerns the application of the rule that evidence obtained as a result of an “egregious violation” of the Fourth Amendment must be suppressed in administrative proceedings. See Gonzalez-Rivera v. I.N.S., 22 F.3d 1441 (9th Cir.1994); Adamson v. C.I.R., 745 F.2d 541 (9th Cir.1984). Jacob Ikperha Orhorhaghe, a Nigerian citizen, petitions for review of the decision of the Board of Immigration Appeals which ordered him deported for overstaying his visa. See 8 U.S.C. § 1251 (a)(2) (1988). He claims that the BIA erred in reversing the Immigration Judge’s decision to suppress a passport and Form 1-94 (Arrival/Departure Record) that were seized in an egregious violation of his rights. We agree. Accordingly, we grant the petition and reverse and remand.

I. Facts

In June of 1986, Michael Smirnoff, an investigator for the Immigration and Naturalization Service, received a call from a professional acquaintance, Karen Muth. Muth worked for the Bank of America, investigating credit card frauds. She had investigated a number of frauds perpetrated by Nigerian nationals, and she was “in the habit” of calling Smirnoff “everytime she [came] across a Nigerian-sounding name and asking…