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MIRMEHDI v. U.S.

No. 09-55846.

662 F.3d 1073 (2011)

Mohammad MIRMEHDI; Mostafa Mirmehdi; Mohsen Mirmehdi; Mojtaba Mirmehdi, Plaintiffs-Appellants, v. UNITED STATES of America; Mario Lopez; John Ashcroft; Robert S. Mueller, III; James W. Ziglar; Michael Garcia, Esquire; Christopher Castillo; James MacDowell, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 3, 2011.

Attorney(s) appearing for the Case

Paul L. Hoffman , Schonbrun DeSimone Seplow Harris Hoffman & Harrison LLP, Venice, CA, argued the cause and filed the briefs for the plaintiffs-appellants. With him on the briefs were Michael Seplow , Adrienne Quarry , and Victoria Don , Schonbrun DeSimone Seplow Harris Hoffman & Harrison LLP, Venice, CA.

Andrew D. Silverman , United States Department of Justice, Torts Branch, Civil Division, Washington, D.C., filed the briefs for the defendants-appellees. With him on the brief were Jeremy S. Brumbelow , Tony West , Timothy P. Garren , and Andrea W. McCarthy , Department of Justice, Civil Division, Washington, D.C.

Opinion by Judge O'SCANNLAIN; Concurrence by Judge SILVERMAN.

OPINION

O'SCANNLAIN, Circuit Judge:

We are asked to decide, among other things, whether an alien not lawfully in the United States may sue for monetary damages claiming constitutionally invalid detention.

I

Mohammad, Mostafa ("Michael"), Mohsen, and Mojtaba Mirmehdi (collectively the "Mirmehdis") are four citizens of Iran who came to the United States at various times, purportedly due to their long-standing opposition to that nation's theocratic...

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