Ahmad Khorrami v. Michael Rolince

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Argued September 8, 2017 Decided October 2, 2017 Before DANIEL A. MANION, Circuit Judge MICHAEL S. KANNE, Circuit Judge DAVID F. HAMILTON, Circuit Judge No. 16-3520 AHMAD FARID KHORRAMI, Appeal from the United States District Plaintiff-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 03-cv-06579 MICHAEL E. ROLINCE, et al., James B. Zagel, Defendants-Appellees. Judge. ORDER Shortly after the September 11, 2001, terrorist attacks on the United States, the Department of Justice (“DOJ”) instituted a “Hold Until Cleared” policy. Under this policy, the Federal Bureau of Investigation (“FBI”) notified the Immigration and Naturalization Service (“INS”) of aliens potentially involved in, or with knowledge of, the terrorist attacks. The INS placed these aliens on a custody list and then used all legal means available to detain them until they were cleared by the government. No. 16-3520 Page 2 Plaintiff Ahmad Farid Khorrami was one of the individuals held in INS custody pursuant to the “Hold Until Cleared” policy. The INS had “paroled” Khorrami into this country, pending adjudication of his Change of Status petition. But on September 18, 2001, after the FBI informed the INS of its investigative interest in Khorrami, the INS revoked his parole and placed him in investigative detention. The government held Khorrami in detention until December 14, 2001, when the INS granted him parole again. After his release, Khorrami filed a civil action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), against several INS and FBI agents, including defendant Michael Rolince, the then-current Section Chief of the FBI’s International Terrorism Operations Section of the Counterterrorism Division. Khorrami’s complaint alleged Rolince violated Khorrami’s due process rights by signing a Declaration which falsely connected Khorrami to one of the September 11 terrorists. Following discovery, the district court granted Rolince summary judgment. Khorrami now appeals. Because the Declaration Rolince signed did not cause or extend Khorrami’s detention, we affirm. I. In 1997, Ahmad Farid Khorrami, an Iranian-born British citizen, entered the United States on a temporary vocational visa. The visa expired in 2000. Two months after the visa expired, Khorrami’s wife filed an I-130 petition for an alien adult relative visa. Khorrami then filed an I-485 petition for an adjustment of status to legal permanent resident as the spouse of a United States citizen. While those petitions were pending, Khorrami sought to travel to Canada. Because at that time Khorrami did not yet have legal status, he sought “advance parole” from the INS—“that is, assurance that he would be readmitted to the United States notwithstanding the lack of a visa.” Dimenski v. INS, 275 F.3d 574, 576 (7th Cir. 2001) (citing 8 U. S. C. § 1182(d)(5)). The INS granted Khorrami advance parole in February 2001, and then, after visiting Canada, he was paroled back into the United States. In 2001, Khorrami worked ...

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