Hernandez Najera v. United States, No. 17-41212 (5th Cir. 2019)Annotate this Case
The Fifth Circuit affirmed the district court's grant of summary judgment for the United States in an action brought by a foreign national from Honduras under the Federal Tort Claims Act, alleging that he was falsely imprisoned by federal immigration authorities. The court held that 8 U.S.C. 1252(g) and 1226(e) did not preclude the district court from having jurisdiction over this case. On the merits, the court held that the district court correctly determined that Border Patrol and ICE agents acted with authority of law to arrest and detain plaintiff. In this case, plaintiff illegally entered the United States and Border patrol agents lawfully apprehended him at that time.