Legal Opinion

De La Paz v. Coy

Court of Appeals for the Fifth Circuit

Decided May 14, 2015No. Nos. 13-50768, 14-10018PublishedCited by 58 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Customs and Border Patrol (“CBP”) agents apprehended Daniel Frias and Alejandro Garcia de la Paz, both illegal aliens, in separate incidents miles from the U.S.Mexico border, in the heart of Texas. Both allege that the agents stopped them only because they are Hispanic. Represented by the same attorney, both filed Bivens suits against the arresting agents, alleging Fourth Amendment violations. On appeal, both cases present the same fundamental question: can illegal aliens pursue Bivens claims against CBP agents for illegally stopping and arresting them? This…

2Cases cited29 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Heck v. HumphreySupreme Court of the United States · 1994
  3. Davis v. PassmanSupreme Court of the United States · 1979
  4. Carlson v. GreenSupreme Court of the United States · 1980
  5. Reno v. FloresSupreme Court of the United States · 1993

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3Cited by58 opinions

  1. Daniel Cantu v. James MoodyCourt of Appeals for the Fifth Circuit · 2019
  2. Santiago Alvarez v. U.S. Immigration and Customs EnforcementCourt of Appeals for the Eleventh Circuit · 2016
  3. Mynor Tun-Cos v. B. PerrotteCourt of Appeals for the Fourth Circuit · 2019
  4. Jose Oliva v. United States of AmericaCourt of Appeals for the Fifth Circuit · 2020
  5. Linlor v. PolsonDistrict Court, E.D. Virginia · 2017

53 more not listed; retrieve them via the Exa API.

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