18‐2991‐cv Adia v. Grandeur Management, Inc. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2018 Submitted: May 6, 2019 Decided: July 25, 2019 Docket No. 18‐2991‐cv ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ NOEL P. ADIA, Plaintiff‐Appellant, v. GRANDEUR MANAGEMENT, INC., RAJA I. YOUNAS, Defendants‐Appellees. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Before: NEWMAN, JACOBS, and DRONEY, Circuit Judges. Appeal from a judgment of the United States District Court for the Southern District of New York (Robert W. Sweet, District Judge) dismissing the plaintiff‐ appellant Noel P. Adia’s complaint against the defendants‐appellees Grandeur Management, Inc. and Raja I. Younas, alleging claims for forced labor and human trafficking in violation of the Trafficking Victims Protection Act (“TVPA”), 18 U.S.C. §§ 1589, 1590, 1595, and the Alien Tort Statute, 28 U.S.C. § 1350, and a claim for unpaid overtime under Article 19 of the New York Labor Law. The appeal is taken only from the dismissal of Adia’s TVPA claims for forced labor and human trafficking. Because the plaintiff has plausibly stated claims for forced labor and human trafficking under the TVPA, we vacate the District Court’s judgment in part and remand for further proceedings. Felix Q. Vinluan, Law Office of Felix Vinluan, Woodside, NY for Plaintiff‐Appellant Noel P. Adia. Nolan Klein, Law Offices of Nolan Klein, P.A., New York, NY for Defendants‐Appellees Grandeur Management, Inc. and Raja I. Younas. JON O. NEWMAN, Circuit Judge: The issue on this appeal is whether the provision of the Trafficking Victims Protection Act (“TVPA”) creating a civil remedy, 18 U.S.C. § 1595, for violating the criminal provisions prohibiting forced labor and human trafficking, id. §§ 1589, 1590, applies to an immigrant lawfully in this county on a temporary guest worker visa alleging that his employers threatened to revoke their sponsorship, thereby subjecting him to deportation.1 This issue arises on an appeal by Noel P. Adia from a judgment of the District Court for the Southern District of New York (Robert W. Sweet, District Judge) dismissing, under Fed. R. Civ. P. 12(b)(6), his amended complaint against defendants‐appellees Grandeur Management, Inc. (“Grandeur”) and Raja I. Younas (collectively “the defendants”). We conclude that Adia plausibly pled violations of the TVPA. The complaint alleges that the employers recruited Adia to work for them, told him to rely on them, represented that they were ensuring that he could remain lawfully in this country, and warned him that they would cancel their sponsorship if he left them or gave them any trouble. We reverse dismissal of the TVPA allegations and remand for further proceedings. Background Alleged facts. The original and amended complaints allege the following facts, assumed to be true for purposes of this appeal. See Walker v. Schult, 717 F.3d 119, 124 (2d Cir. 2013). Plaintiff‐appellant Adia is a Filipino citizen who lawfully entered the United States as a temporary guest worker with an H‐2B visa. 1Although a deportable alien is “removed,” 8 U.S.C. § 1227(a), we will use “deportation,” the term used by the District Court and the parties. Defendant‐appellee Grandeur is a provider of hotel and resort ...
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