Lopez Silva v. United States, No. 16-1870 (8th Cir. 2017)
Annotate this CasePlaintiff 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.
Court Description: Colloton, Author, with Loken and Kelly, Circuit Judges] Civil case - Federal Tort Claims Act. Plaintiff's wrongful removal to Mexico arose from a decision or action to execute a removal order, and the district court correctly determined that it was without jurisdiction to hear the case pursuant to the provisions of 8 U.S.C. Sec. 1252(g) which provide federal courts do not have jurisdiction to hear any cause or claim by an alien arising from a decision or action to execute a removal order. Judge Kelly, dissenting.
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