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Immigration,
Criminal,
9th U.S. Circuit Court of Appeals

Aug. 15, 2018

9th Circuit extends Bivens remedy to plaintiff suing over botched deportation prosecution

The 9th U.S. Circuit Court of Appeals has extended a federal remedy available to plaintiffs seeking damages for constitutional violations to a lawful permanent resident suing an Immigration and Custom Enforcement attorney who forged a document during the immigrant’s removal proceeding.

The 9th U.S. Circuit Court of Appeals has extended a federal remedy available to plaintiffs seeking damages for constitutional violations to a lawful permanent resident in his suit against a government immigration attorney who forged a document during the immigrant's removal proceeding.

On Tuesday, a unanimous three-judge panel of the court said 6-year-old 9th Circuit precedent read by many district courts as prohibiting Bivens ...

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