Anesh Gupta v. Richard T. McGahey

Anesh Gupta appeals the district court’s dismissal of his Bivens action for lack of subject-matter jurisdiction. Gupta’s Complaint alleges that three U.S. Immigration and Customs Enforcement agents violated his Fourth and Fifth Amendment rights when they arrested and detained him in connection with the initiation of removal proceedings against him. The district court concluded that it lacked subject-matter jurisdiction to hear Gupta’s claims under 8 U.S.C. § 1252(g) because all of his claims arise from the agents’ decision or action to commence removal proceedings. We affirm.

I. FACTS AND…