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Bivens Claim denied

In a decision issued yesterday, the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s Bivens action against various government officials, holding that no Bivensremedy is available to a plaintiff who claims that immigration officials unconstitutionally prolonged his detention. The plaintiff had been ordered removed, and although ICE does not effectuate removals to Cuba, he remained in ICE custody for an amount of time greatly exceeding the 90-day statutory period for removal, from November 25, 2008, until October 21, 2009.

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