113860P.pdf   04/19/2013  Juan Martinez Carcamo  v.  Eric H. Holder, Jr.
   U.S. Court of Appeals Case No:  11-3860
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Riley, Author, with Colloton and Gruender, Circuit Judges]
   Petition for Review - Immigration. Assuming petitioners' accounts of
   the ICE officers' conduct are true, any Fourth Amendment violations they
   suffered were not sufficiently egregious to entitle them to the remedy they
   seek - exclusion of decisive evidence in their civil removal proceeding;
   while both the IJ and the BIA erred in their treatment of petitioners'
   testimony, the errors did not require a remand because they were not
   prejudicial since they were relevant only to petitioners' Fourth
   Amendment claims and did not go to the factual finding upon which they
   were removed - namely, that they are aliens who entered the U.S. without
   proper admission; the court had no jurisdiction under 8 U.S.C. Sec. 1252
   over petitioners' claim that the IJ deprived them of due process by failing
   to shift the burden of proof once they made a prima facie case of a Fourth
   Amendment violation as they had failed to raise the issue at the
   administrative level.