BLANCO AYALA v. UNITED STATES

No. 19-1862.

982 F.3d 209 (2020)

Juan Carlos BLANCO AYALA, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. American Immigration Council; National Immigrant Justice Center, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 2, 2020.


Attorney(s) appearing for the Case

ARGUED: Mark Alastair Stevens , MURRAY OSORIO PLLC, Fairfax, Virginia, for Appellant. Elizabeth A. Spavins , OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. ON BRIEF: Tamara L. Jezic , JEZIC & MOYSE, LLC, Wheaton, Maryland, for Appellant. G. Zachary Terwilliger , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Mark Fleming , NATIONAL IMMIGRANT JUSTICE CENTER, Chicago, Illinois; Mary Kenney , Washington, D.C., Trina Realmuto , Emma Winger , AMERICAN IMMIGRATION COUNCIL, Brookline, Massachusetts, for Amici American Immigration Council and The National Immigrant Justice Center.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Harris and Judge Richardson joined.


Juan Carlos Blanco Ayala brings this Federal Tort Claims Act (FTCA) suit against the United States for wrongful investigation, arrest, and detention. The district judge held that the discretionary function exception to the FTCA's waiver of sovereign immunity operated to defeat plaintiff's claims. See 28 U.S.C. &...

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