Blanco Ayala v. United States of America, No. 1:2018cv01012 - Document 25 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 5/31/2019. (dest, )
Download PDF
<![CDATA[
Blanco Ayala v. United States of America Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division JUAN CARLOS BLANCO AYALA, Plaintiff, Case No. l:18-cv-1012 V. UNITED STATES OF AMERICA, Defendant. MEMORANDUM OPINION Plaintiff, a United States citizen bom in El Salvador, brings this action seeking to recover damages for the Department of Homeland Security's ("DHS") decision to arrest, detain, and remove plaintiff based on an erroneous determination in 2004 that plaintiff was not entitled to derivative citizenship. At issue are defendant's motions (i) to dismiss for lack of subject matter jurisdiction and (ii)to dismiss for failure to state a claim. Because the DHS officials' conduct that plaintiffchallenges in this case falls within the discretionary function exception ofthe Federal Tort Claims Act("FTCA"),' this action must be dismissed for lack of subject matter jurisdiction. 1.2 Plaintiff was bom in El Salvador on January 20, 1978. According to the Complaint, plaintiff first entered the United States at age two or three and was granted lawful permanent residence in the United States on or about September 1,1987. Plaintiffs parents divorced in 1983, '28U.S.C. ยงยง2671 etseq. ^ The Fourth Circuit has explained that when the defendant challenges the factual basis for subject matter jurisdiction,"the district court is to regard the pleadings' allegations as mere evidence on the issue, and may consider evidence outside the pleadings without converting the proceeding to one for summary judgment." Richmond, Fredericksburg & Potomac R. Co. v. United States, 945 F.2d 765, 768(4th Cir. 1991); see also Williams V. United States, 50 F.3d 299,304(4th Cir. 1995). Accordingly, the facts recited herein are derived from the facts alleged in the Complaint and the exhibits submitted by the parties to supplement the Complaint's factual allegations. 1 Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
