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GUPTA v. McGAHEY

No. 11-14240.

709 F.3d 1062 (2013)

Anesh GUPTA, Plaintiff-Appellant, v. Richard T. McGAHEY, Senior Special Agent, U.S. Immigration and Customs Enforcement, Timothy Wargo, Supervisory Special Agent, U.S. Immigration and Customs Enforcement, John Kaufman, Special Agent, U.S. Immigration and Customs Enforcement, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 15, 2013.

Attorney(s) appearing for the Case

Jason Popp (Court-Appointed), Alston & Bird, LLP, Atlanta, GA, for Plaintiff-Appellant.

Roberta Josephina Bodnar , U.S. Atty., Orlando, FL, Michelle Thresher Taylor , U.S. Atty., Tampa, FL, for Defendants-Appellees.

Before WILSON and COX, Circuit Judges, and VINSON, District Judge.

PER CURIAM:

Anesh Gupta appeals the district court's dismissal of his Bivens action for lack of subject-matter jurisdiction. Gupta's Complaint alleges that three U.S. Immigration and Customs Enforcement agents violated his Fourth and Fifth Amendment rights when they arrested and detained him in connection with the initiation of removal proceedings against him. The district court concluded that it lacked subject-matter jurisdiction to hear Gupta's claims under...

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