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ACTION ACTINA SIERRA P Serries Driver
See Johnson v.
Duffy, F. Koskey, F.
The critical question is whether it was reasonably foreseeable that the actions of the particular INS officials who are named as defendants would lead to the rights violations alleged to have occurred during Wong's detention. See Gini v. Las Vegas Metro.
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Police Dep't, 40 F. Wong's first amended complaint, however, fails to identify what role, if any, each individual defendant had in placing her in detention, much less whether any of the ACTION ACTINA SIERRA P Serries INS officials knew or reasonably should have known of the detention conditions to which Wong would be subjected.
Without providing the identity of the official or officials who caused the alleged violations, the complaint merely states that Ms. Wong was arrested, handcuffed and placed in detention.
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She was then taken to the Multnomah County Detention Center where she was subjected to a strip search, including an orifice search, on two separate occasions. Wong was imprisoned for a total of five days.
With respect to the individual actions of the named defendants, the complaint makes only the following allegations:. Wong was given a letter denying her application for the adjustment of status signed by Garcia for Beebe," id.
The complaint thus fails to identify how the actions of the individual INS officials could foreseeably have caused the First and Fourth Amendment violations Wong is alleged to have suffered while in detention. It is possible that, upon identifying those officials responsible for placing her in detention and for overseeing detention conditions at the INS contract facility in question, Wong may ACTION ACTINA SIERRA P Serries able to amend her complaint to properly allege constitutional violations by those officials.
Her current complaint, however, is insufficient to allege any detention-related constitutional violations by the named INS officials, none of ACTION ACTINA SIERRA P Serries is alleged to have played a role in placing her in detention. We conclude that the allegations of the operative, first amended complaint are insufficient to establish a constitutional violation regarding Wong's detention conditions on the part of the named INS officials.
As far as the complaint demonstrates, the actions of the named INS officials were simply too far removed from the violations of which Wong complains.
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Accordingly, Wong's detention-related claims against the named INS officials must be dismissed for failure to state a claim. Wong appears to allege that the INS officials violated her procedural due process rights by revoking her temporary parole without first deciding her adjustment of status application.
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On the bare pleadings, it is difficult to ascertain the contours of this claim, and Wong's briefing before this court has not clarified the legal basis for her allegation that the parole revocation and failure to first decide her adjustment of status application violated the Due Process Clause. Eldridge, U.
We can discern no substantive liberty or property interest, however, in temporary parole status, and Wong has alleged none. Section d 5 A provides that the Attorney General may.
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Sidhu v. The INA does not create any liberty interest in temporary parole that is protected by the Fifth Amendment.
Rather, the statute makes clear that whether and for how long temporary parole is granted are matters entirely within the discretion of the Attorney General. See Bd. Roth, U. Compare Meachum v.