Mejorada

MEMORANDUM **

Esperanza Mejorada, a native and citizen of Mexico, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) affirming without opinion the decision of an Immigration Judge (“IJ”) finding Mejorada removable and denying her motion to suppress evidence. We have jurisdiction pursuant to 8 U.S.C. § 1252 and deny the petition for review.

The IJ did not abuse its discretion in denying Mejorada’s motion to suppress her birth certificate as the fruit of an illegal search. The exclusionary rule does *264 not apply in deportation proceedings unless an egregious violation of the Fourth Amendment has occurred. INS. v. Lopez-Mendoza, 468 U.S. 1032, 1050 , 104 S.Ct. 3479 , 82 L.Ed.2d 778 (1984). In the deportation context, we have held that evidence seized through a search motivated by racial animus may be suppressed as the fruit of an egregious violation of the Fourth Amendment. Orhorhaghe v. INS, 38 F.3d 488, 503 (9th Cir.1994). There is no evidence in the record to suggest, nor does Mejorada argue, that the search at issue was motivated by racial animus. Therefore, because we are in the deportation context, the search was not egregious and the…