Block on Trump's Asylum Ban Upheld by Supreme Court
In plaintiff's Bivens action against an FBI agent and others arising from her extradition to South Korea for the murder of a fellow exchange student which resulted in an acquittal, district court's dismissal of plaintiff's claims except for her Fourth Amendment claim for malicious prosecution is reversed and remanded as the FBI agent is entitled to qualified immunity where plaintiff has not alleged a violation of her constitutional right to be free from malicious prosecution in the United States.
Argued: May 12, 2009
Decided: October 6, 2009
Opinion by Judge Niemeyer
For Appellant: Catherine Yvonne, United States Department of Justice
For Appellees: J. Samuel Tenenbaum, Northwestern University School of Law