Kidd v. Mayorkas

• Decision Date: 26 April 2021
• Docket Number: Case No. 2:20-cv-03512-ODW (JPRx)
• Court: U.S. District Court — Central District of California
• Parties: OSNY SORTO-VASQUEZ KIDD; INLAND COALITION FOR IMMIGRANT JUSTICE; COALITION FOR HUMANE IMMIGRANT RIGHTS, Plaintiffs, v. ALEJANDRO MAYORKAS, United States Secretary of Homeland Security, in his official capacity, et al., Defendants.

OSNY SORTO-VASQUEZ KIDD; INLAND COALITION FOR IMMIGRANT JUSTICE;COALITION FOR HUMANE IMMIGRANT RIGHTS, Plaintiffs, v. ALEJANDRO MAYORKAS,United States Secretary of Homeland Security, in his official capacity, et al.,¹ Defendants.

Case No. 2:20-cv-03512-ODW (JPRx)

United States District Court Central District of California

April 26, 2021

ORDER GRANTING IN PART AND DENYING IN PART GOVERNMENT DEFENDANTS' MOTION TO DISMISS [44] AND DENYING INDIVIDUAL OFFICER DEFENDANTS' MOTION TO DISMISS [49]

I. INTRODUCTION

Plaintiffs Osny Sorto-Vasquez Kidd ("Kidd"), the Inland Coalition for Immigrant Justice ("ICIJ"), and the Coalition for Humane Immigrant Rights ("CHIRLA" and together with ICIJ, the "Coalitions") allege that U.S. Immigration and Customs Enforcement ("ICE") officers use unconstitutional means to arrest anddetain removable immigrants in their own homes. (See First Am. Compl. ("FAC"), ECF No. 1.) Plaintiffs allege, among other things, that ICE agents violate the Fourth Amendment's prohibition on unreasonable searches and seizures by presenting themselves as officers of other law enforcement agencies (e.g., local police or probation workers) to gain entry to community members' homes to make removal arrests without true consent or a judicial warrant.

Plaintiffs bring claims against various officials for ICE and the U.S. Department of Homeland Security ("DHS") working in their official capacities (together, the "Directors"), the United States of America ("Government"), and individual ICE officers O.M., C.C., J.H., and J.N. (together, the "Officers"). The Coalitions bring claims against the Directors on behalf of the Coalitions themselves, their members and volunteers, and others similarly situated, seeking declaratory and injunctive relief to compel the Directors to comply with the Fourth Amendment when conducting removal arrests. (Id. ¶¶ 149-77.) Kidd asserts claims against the Government for damages under the Federal Tort Claims Act ("FTCA") and claims against the Officers under Bivens for violating his Fourth Amendment rights when he was arrested and detained. (Id. ¶¶ 178-99.)

The Directors and the Government move to dismiss all claims asserted against them. (Gov.'s Mot. Dismiss ("Gov.'s Mot."), ECF No. 44.) The Officers also move separately to dismiss all claims asserted against them. (Officers' Mot. Dismiss ("Officers' Mot."), ECF No. 49.) Both Motions cite Federal Rules of Civil Procedure ("Rules") 12(b)(1) and 12(b)(6) as grounds for dismissal, and both Motions are fully briefed. (Gov.'s Mot.; Opp'n Gov.'s Mot., ECF No. 45; Reply Gov.'s Mot., ECF No. 47; Officers' Mot.; Opp'n Officers' Mot., ECF No. 53; Reply Officers' Mot. 55.) For the following reasons, the Government's Motion is GRANTED in part and DENIED in part (ECF No. 44), and the Officers' Motion is DENIED (ECF No. 49).²

II. BACKGROUND³

In October 2018, the Officers waited outside Kidd's gated community until they gained access from an egressing tenant. (Id. ¶¶ 51-52.) Kidd's mother answered the door, upon which C.C. described herself as a "detective" with local police investigating a dangerous criminal using Kidd's address. (Id. ¶ 53.) This shocked Kidd's mother, who agreed to help to ensure her family's safety. (Id.) Once the Officers were inside the home, they visited every room, "banging on doors" and requesting identification from Kidd's siblings, who at the time were between the ages of eleven and sixteen. (Id.) Kidd was absent and, realizing as much, the Officers asked Kidd's mother to call him. (Id. ¶ 54.) When Kidd answered his mother's call, he could hear his siblings crying, and his mother "worriedly stated that the police told her there was a dangerous criminal 'out to get' their family." (Id.) Kidd then spoke with C.C., who again identified herself as police and said she needed to speak with Kidd in person to guarantee his family's safety. (Id.) She told Kidd they were tracking an extremely dangerous criminal, so Kidd agreed to meet with C.C. (Id.) Two days later, Kidd received a call from C.C. asking him to come outside with a form of identification to speak to the Officers. (Id. ¶ 55.) Kidd exited the complex to find the Officers donning tactical vests emblazoned with "POLICE" waiting for him. (Id.) After checking Kidd's identification, the Officers revealed his family was not at risk and that they had invented the story to induce his compliance. (Id.) They then admitted their true identities as ICE officers and arrested Kidd for removal. (Id.)

Plaintiffs identify nine other individuals with similar stories. In four of these instances,⁴ the ICE officers identified themselves as "police" and often wore vests emblazoned with the word "POLICE." (Id. ¶¶ 59-60, 62, 64-65, 67, 69.) For theremaining five individuals,⁵ ICE officers identified themselves as "probation officers" instead of "police." (Id. ¶¶ 76, 81, 84, 89, 90.) Again, the officers' vestiture often indicated affiliation with police forces. (Id. ¶¶ 74, 81, 86, 89.) Universal to all alleged incidents, ICE officers made misrepresentations in order to induce "consent" to enter and search the individuals' homes. (Id. passim.)

III. LEGAL STANDARD

Under Rule 12(b)(1), a defendant may move to dismiss a complaint for lack of subject-matter jurisdiction. See Fed. R. Civ. P. 12(b)(1). "If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action." Fed. R. Civ. P. 12(h)(3). A challenge pursuant to Rule 12(b)(1) may be facial or factual. White v. Lee, 227 F.3d 1214, 1242 (9th Cir. 2000). Where a defendant brings a facial attack on the district court's subject-matter jurisdiction under Rule 12(b)(1) the court "assume[s] [plaintiff's] [factual] allegations to be true and draw[s] all reasonable inferences in his favor." Wolfe v. Strankman, 392 F.3d 358, 360 (9th Cir. 2004). By contrast, in a factual attack the challenger disputes the "truth of the allegations that, by themselves, would otherwise invoke federal jurisdiction." Wolfe, 392 F.3d at 362 (citing Safe Air For Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004)).

Under Rule 12(b)(6), a court may dismiss a complaint for lack of a cognizable legal theory or insufficient facts pleaded to support an otherwise cognizable legal theory. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1988). A complaint need only satisfy the minimal notice pleading requirements of Rule 8(a)(2)—a short and plain statement of the claim. Porter v. Jones, 319 F.3d 483, 494 (9th Cir. 2003). But factual "allegations must be enough to raise a right to relief above the speculative level." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). That is, the complaint must "contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678(2009) (internal quotation marks omitted). Testing the plausibility standard is a "context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. at 679. A court is generally limited to the pleadings on a motion to dismiss and must construe all "factual allegations set forth in the complaint . . . as true and . . . in the light most favorable" to the plaintiff. Lee, 250 F.3d at 679. However, a court need not blindly accept conclusory allegations, unwarranted deductions of fact, or unreasonable inferences. Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001).

IV. DISCUSSION

Defendants move to dismiss Plaintiffs' claims for lack of subject-matter jurisdiction and failure to state a claim for relief. (See Gov.'s Mot.; Officers' Mot.) Because both Motions challenge subject-matter jurisdiction for the same reasons, the Court addresses that threshold question first before turning to the respective Rule 12(b)(6) arguments.

A. RULE 12(b)(1) ARGUMENTS - SUBJECT-MATTER JURISDICTION

Defendants offer three reasons for finding that the Court lacks subject-matter jurisdiction, none of which are convincing.

1. 8 U.S.C § 1252(g)

First, Defendants argue the Court lacks subject matter jurisdiction because 8 U.S.C. § 1252(g) states, "[N]o court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter." 8 U.S.C. § 1252(g); (see Gov.'s Mot. 7-11; Officers' Mot. 5-9).

Both the Supreme Court and Ninth Circuit have explained that "§ 1252(g) applies only to three discrete actions that the Attorney General may take: her decision or action to commence proceedings, adjudicate cases, or execute removal orders." Kwai Fun Wong v. United States, 373 F.3d 952, 963-64 (9th Cir. 2004) (internalquotation marks omitted) (quoting Reno v. American-Arab Anti-Discrimination Comm., 525 U.S. 471, 482 (1999) [hereinafter AADC]). Indeed, the Supreme Court has "read the language [of § 1252(g)] to refer to just those three specific actions themselves." Jennings v. Rodriguez, 138 S. Ct. 830, 841 (2018) (citing AADC, 525 U.S. at 482-83). Section 1252(g) does not bar "all claims relating in any way to deportation proceedings." Wong, 373 F.3d at 964 (quoting Catholic Soc. Servs., Inc. v. INS, 232 F.3d 1139, 1150 (9th Cir. 2000)). Rather, "Section 1252(g) was directed against a particular evil: attempts to impose judicial constraints upon prosecutorial discretion." AADC, 525 U.S. at 485 n.9 (emphasis added).

Here, § 1252(g) does not divest the Court of subject-matter jurisdiction over Plaintiffs' claims. Although the allegedly unlawful actions may have resulted from a decision to execute a removal order, Plaintiffs expressly disclaim any challenge against the removal order itself or the decision to execute it. (Opp'n Officers' Mot. 4-5, ECF No. 49 ("Kidd does not challenge the government's decision to 'commence' proceedings or 'execute' a removal order, or even whether the government had...