Anesh Gupta v. Richard T. McGahey
709 F.3d 1062
11th Cir.2013Background
- Gupta, an Indian citizen, entered the U.S. on a B-2 visa in 2001; his visa expired in 2002.
- Gupta married Laura Schultz and an I-130 adjustment petition was filed; he obtained an EAD and worked at Disney World.
- In 2009, USCIS denied Schultz’s adjustment; ICE agent McGahey prepared a record of deportable alien and a notice to appear for removal proceedings; an arrest warrant was approved by Wargo.
- Agents arrested Gupta on August 7, 2009, detained him without bond pending removal, and later released him on bond September 11, 2009.
- Gupta alleged Fourth and Fifth Amendment violations arising from the arrest, detention, search, and seizure connected to removal proceedings.
- The district court dismissed Gupta’s Bivens action for lack of subject-matter jurisdiction under 8 U.S.C. § 1252(g); it held that the action would disrupt immigration proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 1252(g) bars jurisdiction. | Gupta | Gupta | § 1252(g) bars jurisdiction |
| Whether a Bivens action should be recognized here. | Gupta | Gupta | Not reached |
Key Cases Cited
- United States v. Al-Arian, 514 F.3d 1184 (11th Cir. 2008) (de novo review of subject-matter jurisdiction)
- Carmichael v. Kellogg, Brown & Root Servs., Inc., 572 F.3d 1271 (11th Cir. 2009) (review standard for jurisdiction on facial challenges to the complaint)