Guadalupe Campos v. United States

Case: 16-51476 Document: 00514445529 Page: 1 Date Filed: 04/25/2018 REVISED April 25, 2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 16-51476 April 24, 2018 Lyle W. Cayce GUADALUPE CHAIDEZ CAMPOS, Clerk Plaintiff - Appellant v. UNITED STATES OF AMERICA, Defendant - Appellee Appeal from the United States District Court for the Western District of Texas Before WIENER, ELROD, and SOUTHWICK, Circuit Judges. LESLIE H. SOUTHWICK, Circuit Judge: Guadalupe Chaidez Campos sued the Government for false arrest and false imprisonment under the Federal Tort Claims Act. The district court dismissed her claims for lack of subject matter jurisdiction. We AFFIRM the district court’s dismissal but VACATE and REMAND so that the court may revise its final judgment to dismiss Campos’s claims without prejudice. FACTUAL AND PROCEDURAL BACKGROUND In December 2012, Campos entered the United States without legal authority. United States Customs and Border Protection (“CBP”) officers Case: 16-51476 Document: 00514445529 Page: 2 Date Filed: 04/25/2018 No. 16-51476 issued her a Notice and Order of Expedited Removal. Prior to Campos’s removal, though, she pled guilty to one count of attempted illegal reentry, in violation of 8 U.S.C. § 1326. Campos was sentenced to 11 months of imprisonment and three years of supervised release. While she was incarcerated, Campos applied for and was granted U nonimmigrant status. We will discuss the purpose and effect of that status later. We will set out the factual events of the dispute by quoting from the first amended complaint. We start here because of the district court’s statement that it “has not considered the substance or value of any of the Government’s exhibits” offered in its motion to dismiss: 1 On or about November 14, 2013, Ms. Chaidez Campos reported to the federal probation office for the Western District of Texas, El Paso Division, in El Paso, Texas with her one-year-old child, Emmanuel Ochoa, and Emmanuel’s father, Jesus M. Ochoa Perez. At that time, Ms. Chaidez Campos was in the United States in lawful immigration status because the Secretary of Homeland Security, through the U.S. Citizenship and Immigration Services (USCIS), granted her U nonimmigrant status as a victim of a crime. When Ms. Chaidez Campos arrived for her appointment with her federal probation officer, she was made to wait and then was met by a Customs and Border Protection (CBP) officer. The CBP officer separated Ms. Chaidez Campos from her child. Ms. Chaidez Campos pleaded with the CBP officer, telling the officer that Ms. Chaidez Campos was not deportable because she had been granted U nonimmigrant status. Ms. Chaidez Campos then presented the CBP officer with proof of Ms. Chaidez Campos’ lawful temporary resident status in the form of her Employment Authorization Document (EAD). Omitted from our quotations of the factual section of the complaint are the paragraph 1 numbers and also the intermittent paragraphs that detail legal arguments. 2 Case: 16-51476 Document: 00514445529 Page: 3 Date Filed: 04/25/2018 No. 16-51476 On its face, ...

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