Argueta v. U.S. Immigration and Customs Enforcement, No. 10-1479; Third Circuit; opinion by Cowen, U.S.C.J.; filed June 14, 2011. Before Judges Fisher, Jordan and Cowen. On appeal from the District of New Jersey. [Sat below: Judge Sheridan.] DDS No. 51-8-2800 [37 pp.]
Defendants Julie Myers, assistant secretary for Homeland Security for Immigration and Customs Enforcement, John Torres, deputy assistance secretary for operations for ICE and director of the ICE Office of Detention and Removal Operations (DRO), Scott Weber, director of the DRO field office in Newark, and Bartolome Rodriguez, former acting field director of the Newark DRO field office, appeal the District Court’s denial of their motions to dismiss, on qualified immunity and personal jurisdiction grounds, this Bivens action arising out of an alleged practice of unlawful and abusive raids of immigrant homes across New Jersey conducted by ICE agents under a program known as “Operation Return to Sender,” instituted by the Department of Homeland Security (DHS) to arrest and remove immigration fugitives, i.e., individuals with outstanding deportation orders or persons who failed to report to a DRO officer after receiving notice to do so. Plaintiffs, of Latino origin, were the alleged victims of a number of such raids.
