The 1st U.S. Circuit Court of Appeals has found that a Cambodian national who alleges he was improperly detained by Immigration and Customs Enforcement can seek damages from the government under the Federal Tort Claims Act.
Where a plaintiff claiming that he was improperly arrested and detained by federal immigration officers for the purpose of repatriating him to Cambodia sought damages from the United States under the Federal Tort Claims Act, a judge’s decision to dismiss the complaint for lack of jurisdiction under 8 U.S.C. §1252(g) must be reversed because the