ARGUETA v. U.S. IMMIGRATION AND CUSTOMS

No. 10-1479.

643 F.3d 60 (2011)

Maria ARGUETA; Walter Chavez; Ana Galindo; W.C., by and through his parents Walter Chavez and Ana Galindo; Arturo Flores; Bybyana Arias; Juan Ontaneda; Veronica Covias; Yesica Guzman v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"); Julie L. Myers, Assistant Secretary for Immigration and Customs Enforcement; John P. Torres, Deputy Assistant Director for Operations, Immigration and Customs Enforcement; Scott Weber, Director, Office of Detention and Removal Operations, Newark Field Office; Bartolome Rodriguez, Former Director, Office of Detention and Removal Operations, Newark Field Office; John Doe ICE Agents 1-60; John Soe ICE Supervisors 1-30; John Loe Penns Grove Officers 1-10 Julie L. Meyers, Bartolome Rodriguez John P. Torres, Scott Weber, Appellants.

United States Court of Appeals, Third Circuit.

Filed: June 14, 2011.


Attorney(s) appearing for the Case

Gjon Juncaj, Esq. , Melanie Keiper, Esq. , Nicole Prairie, Esq. , United States Department of Justice, Office of Immigration Litigation, Edward J. Martin, Esq. , Sarah Elisabeth Whitman, Esq. , United States Department of Justice, Torts Branch, Civil Division, Howard S. Scher, Esq. (Argued), United States Department of Justice, Civil Division, Washington, DC, for Appellants.

Baher A. Azmy, Esq. (Argued), Seton Hall Law School, Newark, NJ, Heather Colleen Bishop, Esq. , Natalie J. Kraner, Esq. , Aurora Franceca Parrilla, Esq. , David Marshall Reiner, Esq. , R. Scott Thompson, Esq. , Scott L. Walker, Esq. , Catherine Weiss, Esq. , Kenneth H. Zimmerman, Esq. , Lowenstein Sandler, Roseland,NJ, for Appellees.

Claire Prestel, Esq. , Public Justice, Washington, DC, for Public Justice; Prisoners Rights Project of the Legal Aid Society of the City of New York; Pennsylvania Institutional Law Project, Amicus Appellees.

Lawrence S. Lustberg, Esq. , Gibbons, Newark, NJ, for LatinoJustice PRLDEF; American Civil Liberties Union of New Jersey; Asian American Legal Defense and Education Fund; Catholic Charities of the Archdiocese of Newark, Amicus Appellees.

BEFORE: FISHER, JORDAN, and COWEN, Circuit Judges.


OPINION

COWEN, Circuit Judge.

Defendants Julie L. Myers, John P. Torres, Scott Weber, and Bartolome Rodriguez ("Appellants") appeal from the orders of the United States District Court for the District of New Jersey denying their motions to dismiss on qualified immunity and personal jurisdiction grounds. This Bivens action arises out of (in the words of the Plaintiffs' Second Amended Complaint) an alleged "practice of unlawful and abusive raids of...

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