De La Paz v. Coy, No. 13-50768 (5th Cir. 2015)
Annotate this CasePlaintiffs filed suit against CBP agents, alleging Fourth Amendment violations. At issue was whether illegal aliens can pursue Bivens claims against CBP agents for illegally stopping and arresting them. In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, the Supreme Court created a damage remedy against individual federal law enforcement officers who allegedly conducted a warrantless search of a suspect’s home and arrested him without probable cause. The court joined its sister circuits and concluded that Bivens actions are not available for claims that can be addressed in civil immigration removal proceedings. Accordingly, the court reversed and remanded.
The court issued a subsequent related opinion or order on October 14, 2015.
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