Ambros-Marcial v. United States

ORDER

ROLL, District Judge.

Eleven illegal aliens tragically died in Arizona while attempting to cross the So-noran Desert in May 2001. Plaintiffs, the aliens’ surviving relatives, filed suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), claiming that the manager of the Cabeza Prieta National Wildlife Refuge (“Cabeza Prieta”), where decedents were found, caused their deaths by' refusing to allow an immigrant rights group to erect water drums on the refuge in April 2001. Defendant moved to dismiss, arguing that (1) the Court lacks jurisdiction because the decision was a…