Reeves v. United States

20-4095-cv Reeves v. United States UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER@). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 19th day of July, two thousand twenty-two. PRESENT: GUIDO CALABRESI, GERARD E. LYNCH, RICHARD J. SULLIVAN, Circuit Judges. _____________________________________ MICHAEL REEVES, Plaintiff-Appellant, v. No. 20-4095 UNITED STATES OF AMERICA, Defendant-Appellee. _____________________________________ FOR PLAINTIFF-APPELLANT: JULIE A. GOLDBERG, Goldberg and Associates, Bronx, NY. FOR DEFENDANT-APPELLEE: JESSICA F. ROSENBAUM, Assistant United States Attorney (Benjamin H. Torrance, Assistant United States Attorney, on the brief), for Damian Williams, United States Attorney for the Southern District of New York, New York, NY. Appeal from a judgment of the United States District Court for the Southern District of New York (Sarah Netburn, Magistrate Judge). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED IN PART AND VACATED IN PART. Appellant Michael Reeves appeals from the district court’s order dismissing, for lack of subject-matter jurisdiction, his complaint against the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671 et seq., which alleged that Immigration and Customs Enforcement (“ICE”) agents subjected him to a wrongful arrest and excessive force. Reeves, a citizen of Liberia, had entered the United States in 1986 on a nonimmigrant visa and remained in the country after his visa expired. An immigration judge ordered him removed to Liberia in 1997, and he was removed the following year. At some 2 point thereafter, Reeves unlawfully reentered the United States. In 2014, the Department of Homeland Security (“DHS”) issued a notice of intent to reinstate Reeves’s 1997 removal order. Reeves sought withholding or deferral of removal under the Convention Against Torture (“CAT”), expressing a fear of torture if he were returned to Liberia. But after he failed to appear at a scheduled hearing in July 2016, an immigration judge deemed his application for CAT relief abandoned. ICE then issued a warrant of removal, and Reeves was arrested in June 2018. After his arrest, Reeves moved the immigration court to recalendar his withholding-only proceedings, and in October 2018, the immigration judge granted Reeves’s request. The following year, a different immigration judge granted Reeves a deferral of removal under CAT. Reeves now asserts that the ICE agents wrongfully arrested him in June 2018 and used excessive force …

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals