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Action Seeking Damages for Search and Seizure of Plaintiff's Computer, and Immigration Matter

By FindLaw Staff on July 21, 2010 | Last updated on March 21, 2019

Iliev v. Holder, No. 09-9517, concerned a petition for review of a Board of Immigration Appeals (BIA) order holding petitioner ineligible for a hardship waiver under 8 U.S.C. section 1186a(c)(4)(B).  The court of appeals denied the petition on the grounds that 1) the court lacked jurisdiction to review part of the petition because deciding it would require the court to pass on the BIA's credibility determinations and the weight the BIA gave to certain pieces of evidence; and 2) the BIA applied the correct legal standard when evaluating his eligibility for a good faith marriage waiver.

Mink v. Knox, No. 08-1250, involved an action seeking damages for the search and seizure of plaintiff's computer as part of an aborted criminal libel prosecution.  The court of appeals reversed the dismissal of the action against defendant-district attorney based on qualified immunity, holding that 1) the amended complaint plausibly asserted the requisite casual connection between defendant's conduct and the search and seizure that occurred at plaintiff's home; and 2) because a reasonable person would not take the statements in the editorial column at issue as statements of facts by or about the alleged libel victim, no reasonable prosecutor could believe it was probable that publishing such statements constituted a crime warranting a search and seizure of plaintiff's property.

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