Bloomberg Law
March 16, 2023, 3:58 PM

Cambodian Immigrant Gets ICE False Arrest Suit Revived on Appeal

Bernie Pazanowski
Bernie Pazanowski

A Cambodian immigrant can proceed with his claim for damages over his arrest by Immigration and Customs Enforcement on a 30-year-old warrant and his subsequent 50-day detention, the First Circuit said.

The Immigration and Nationality Act’s ban on judicial review of claims “arising from” the government’s decision to “execute removal orders” didn’t preclude the district court’s jurisdiction over the legality of Bunthoeun Kong’s detention, the opinion by Judge Kermit V. Lipez said.

Kong was convicted of a felony assault in 1995 and sentenced to two years in prison. While serving that sentence, he was taken into custody by the agency ...