Lopez Silva v. United States, No. 16-1870 (8th Cir. 2017)Annotate this Case
Plaintiff filed suit against the government under the Federal Tort Claims Act and the Constitution, seeking compensation for harms arising from his alleged wrongful removal to Mexico. The Eighth Circuit affirmed the district court's conclusion that it lacked subject matter jurisdiction over the action and dismissal of the complaint. The court held that 8 U.S.C. 1252(g) precludes the exercise of jurisdiction because plaintiff challenged the execution of a removal order.