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Leticia and Yovany v. U.S.

Asylum Seekers' Conversion Claim Dismissed; Claims for IIED, Negligence, Assault Survive

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MEMORANDUM & ORDER leticia and her son Yovany¹ (“Plaintiffs”) are asylum seekers from Guatemala. (See Compl. (Dkt. 1) 1-2.) They fled their home country to find safe haven and escape persecution. (Id.) In November 2017, they arrived at the United States border where they were promptly separated by the United States Government under a precursor to the Trump Administration’s zero-tolerance immigration policy. (Id.

15-22, 24, 29.) They remained separated for over two years until a court ordered their reunification. (Id. 23.) On November 12, 2022, Plaintiffs brought an action against the United States of America under the Federal Tort Claims Act (“FTCA”) seeking damages for this separation and its attendant harms. (See generally Compl.) Plaintiffs’ claims are for (1) intentional infliction of emotional distress, (2) negligence, (3) abuse of process, (4) assault and battery, and (5) conversion. (Id.

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