Mirmehdi v. United States
Court of Appeals for the Ninth Circuit
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…
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