United States Ninth Circuit

In this action, plaintiff seeks damages for the time he spent in pre-trial detention on state criminal charges allegedly as a result of US Immigration and Customs agents wrongfully lodging an immigration detainer against him even though he was a US citizen. Dismissal for lack of standing is reversed and remanded, where: 1) plaintiff sufficiently alleged that his inability to utilize the services of a bail bondsman caused him to remain in pre-trial detention unnecessarily; and 2) plaintiff plausibly alleged that the immigration detainer was at least a substantial factor motivating the bail bondsmen's refusal to do business with him.

Appellate Information

• Decided 09/29/2014
• Published 09/29/2014

Judges

• Watford

Court

• United States Ninth Circuit

Counsel