18-1103-cv Hernandez v. United States 18‐1103‐cv Hernandez v. United States UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2018 (Argued: April 18, 2019 Decided: September 17, 2019) Docket No. 18‐1103‐cv LUIS HERNANDEZ, Plaintiff‐Appellant, v. UNITED STATES OF AMERICA AND CITY OF NEW YORK, Defendants‐Appellees.* ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Before: WESLEY and CHIN, Circuit Judges, and Kaplan, District Judge.† * The Clerk of the Court is directed to amend the caption to conform to the above. † Judge Lewis A. Kaplan, of the United States District Court for the Southern District of New York, sitting by designation. Appeal from a judgment of the United States District Court for the Southern District of New York (Swain, J.) dismissing, pursuant to Federal Rule of Civil Procedure 12(b)(6), plaintiff‐appellantʹs claims that he was wrongfully detained by local authorities pursuant to a federal immigration detainer. Plaintiff‐appellant is a U.S. citizen who could not have been the subject of a removal order, and he contends that the United States and the City of New York violated his rights. The district court concluded that plaintiff‐appellant failed to plausibly allege claims upon which relief could be granted. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. JEFFREY A. ROTHMAN, Law Office of Jeffrey A. Rothman, New York, New York, for Plaintiff‐Appellant. BRANDON D. WATERMAN, Assistant United States Attorney (Christopher Connolly, Assistant United States Attorney, on the brief), for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, New York, for Defendant‐Appellee United States of America. ERIC LEE, Assistant Corporation Counsel (Richard Dearing, Executive Assistant Corporation Counsel, on the brief), for Georgia M. Pestana, Acting Corporation Counsel of the City of New York, New York, New York, for Defendant‐Appellee City of New York. 2 Omar C. Jadwat, Cody H. Wofsy, and Spencer E. Amdur, American Civil Liberties Union, San Francisco, California and New York, New York; Christopher Dunn, Antony Gemmell, Amy Belsher, New York Civil Liberties Union Foundation, New York, New York; Mark Fleming, National Immigrant Justice Center, Chicago, Illinois, for Amici Curae The American Civil Liberties Union, New York Civil Liberties Union, and National Immigrant Justice Center. ___________ CHIN, Circuit Judge: On September 27, 2013, plaintiff‐appellant Luis Hernandez was arrested in Manhattan and charged with public lewdness, a misdemeanor. The same day, while he was being processed through the New York City Criminal Court system, the United States Department of Homeland Security (ʺDHSʺ) lodged an immigration detainer against him, asserting that he was the subject of an order of removal. Hernandez, however, was born in Brooklyn, and as a U.S. citizen he could not have been the subject of a removal order. When DHS realized its error, it withdrew the detainer. In the meantime, Hernandez had been in custody for four days; he was not released until the detainer was withdrawn. 3 Hernandez brought this action below against defendants‐appellants United States (the ʺGovernmentʺ) and the City of New York ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals