Amarsaikhan Tsolmon v. United States

GREGG COSTA, Circuit Judge:

The Federal Tort Claims Act (FTCA) waives sovereign immunity for many torts committed by federal employees. The statute’s “discretionary function” exception preserves the federal government’s immunity, however, when an employee’s acts involve the exercise of judgment or choice. United States v. Gaubert, 499 U.S. 315, 322, 111 S.Ct. 1267, 113 L.Ed.2d 335 (1991). We must decide whether an investigation into someone’s immigration status is considered discretionary when that investigation culminates in a detainment mandated by agency policy-

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Late one Friday evening,…