Legal Opinion

Mirmehdi v. United States

Court of Appeals for the Ninth Circuit

Decided November 3, 2011No. 09-55846PublishedCited by 9 opinions

1Opinion of the Court

Opinion by Judge O’SCANNLAIN; Concurrence by Judge SILVERMAN.

OPINION

O’SCANNLAIN, Circuit Judge:

We are asked to decide, among other things, whether an alien not lawfully in the United States may sue for monetary damages claiming constitutionally invalid detention.

I

Mohammad, Mostafa (“Michael”), Mohsen, and Mojtaba Mirmehdi (collectively the “Mirmehdis”) are four citizens of Iran who came to the United States at various times, purportedly due to their long-standing opposition to that nation’s theocratic regime. In 1978, Michael arrived on a student visa. Having abandoned the degree that earned…

2Cases cited37 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  4. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  5. Moss v. U.S. Secret ServiceCourt of Appeals for the Ninth Circuit · 2009

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3Cited by9 opinions

  1. Mirmehdi v. United StatesCourt of Appeals for the Ninth Circuit · 2011
  2. Lyttle v. United StatesDistrict Court, M.D. Georgia · 2012
  3. Teaupa v. U.S. National Bank N.A.District Court, D. Hawaii · 2011
  4. Montana Caregivers Ass'n v. United StatesDistrict Court, D. Montana · 2012
  5. D'Alessandro v. ChertoffDistrict Court, W.D. New York · 2023

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