In the Ninth Circuit, the controlling cases on egregious Fourth amendment violations are Orhorhage v. INS, 38 F.3d 488, 503 (9th Cir.1994) and Gonzalez-Rivera v. INS, 22 F.3d 1441 (9th Cir. 1994). The Immigration Judge has authority to consider the constitutional claim that evidence is inadmissible as a result of egregious Fourth Amendment violations, i.e., when a reasonable officer knew or should have known that the Fourth amendment rights would be violated by this conduct and proceeded anyway. Nevertheless, much of the finding of egregiousness in both cases is grounded on the racialist character of the hunch that the person was an "alien". Counsel can also ask to subpoena the police officer who conducted the arrest or search. Thanks to Rick Coshnear.