Ayala v. United States

T. S. Ellis, III, United States District Judge

Plaintiff, a United States citizen born in El Salvador, brings this action seeking to recover damages for the Department of Homeland Security's ("DHS") decision to arrest, detain, and remove plaintiff based on an erroneous determination in 2004 that plaintiff was not entitled to derivative citizenship. At issue are defendant's motions (i) to dismiss for lack of subject matter jurisdiction and (ii) to dismiss for failure to state a claim. Because the DHS officials' conduct that plaintiff challenges in this case falls within the discretionary…