Shaikh v. Witte et al

Aamir M. Shaikh, proceeding pro se, filed a complaint under 42 U.S.C. § 1983 and Bivens against Dianne Witte, Keith Peek, and Immigration and Customs Enforcement, alleging constitutional violations. The case was filed in the U.S. District Court for the Northern District of Alabama on June 14, 2021, as an immigration-related habeas corpus alien detainee lawsuit. On September 6, 2023, a magistrate judge recommended dismissal for lack of subject matter jurisdiction under 8 U.S.C. § 1252(g) and, alternatively, for failure to state a claim. Shaikh did not file objections. On October 17, 2023, District Judge L. Scott Coogler adopted the report and dismissed the action without prejudice.

The court adopted the magistrate judge's recommendation and dismissed the action without prejudice for lack of subject matter jurisdiction under 8 U.S.C. § 1252(g), and in the alternative, for failure to state a claim upon which relief may be granted under 28 U.S.C. § 1915(e)(2)(B)(ii).

Whether the federal court had subject matter jurisdiction over Shaikh's constitutional claims against immigration officials, given that 8 U.S.C. § 1252(g) limits judicial review of certain immigration enforcement decisions. The alternative issue was whether Shaikh's complaint stated a plausible claim for relief under Section 1983 or Bivens.

The case illustrates the procedural hurdles faced by pro se immigration detainees seeking to challenge conditions of confinement or immigration enforcement actions in federal court. It underscores the jurisdictional bar imposed by 8 U.S.C. § 1252(g), which restricts judicial review of immigration detention and removal decisions, and highlights the difficulty of maintaining Bivens or Section 1983 claims against federal immigration officials.