United States First Circuit

In a suit against the U.S. Immigration & Customs Enforcement Division of the Department of Homeland Security alleging violation of constitutional and statutory rights resulting from a raid of a factory employing undocumented workers, dismissal of the suit is affirmed where some of the petitioners' claims were unpreserved, some were subject to a jurisdictional bar, and others were not actionable.

Appellate Information

• Decided 11/27/2007
• Published 11/27/2007

Judges

• SELYA, Senior Circuit Judge., Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bernard J. Bonn, III and Harvey Kaplan, with whom Michael Shin, Matthew M. Lyons, Dechert LLP, Kaplan, O'Sullivan & Friedman, Nancy Kelly, John Willshire, Greater Boston Legal Servs., John Reinstein, Laura Rótolo, American Civil Liberties Foundation of Mass., Iris Gomez, Mass. Law Reform Inst., Ondine Sniffin, and Catholic Social Servs. of Fall River were on brief, for petitioners.


• For Appellees:
  
• Thomas H. Dupree, Jr., Deputy Assistant Attorney General, with whom Peter D. Keisler, Assistant Attorney General, Daniel J. Davis, Counsel to the Assistant Attorney General, David J. Kline, Principal Deputy Director, Office of Immigration Litigation, Elizabeth J. Stevens, Attorney, Office of Immigration Litigation, Michael J. Sullivan, United States Attorney, and Mark Grady, Assistant United States Attorney, were on brief, for respondents.