Milaudi Karboau v. Lowell Clark

MEMORANDUM

Former detainee Milaudi Karboau appeals pro se from the district court’s judgment dismissing his action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), alleging claims concerning his detention at Northwest Detention Center, a federal immigration facility. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a sua sponte dismissal for failure to state a claim, Barrett v. Belleque, 544 F.3d 1060, 1061 (9th Cir.2008) (per curiam), and we affirm.

The district court properly dismissed Karboau’s claims against the Department of Homeland Security (“DHS”), Immigration and Customs Enforcement (“ICE”), DHS and ICE officials in their official capacity, and two fellow detainees because a Bivens claim is not available against federal agencies, federal agents in their official capacity, or private individuals. See FDIC v. Meyer, 510 U.S. 471, 486 , 114 S.Ct. 996 , 127 L.Ed.2d 308 (1994) (no Bivens claims against federal agencies); Consejo de Desarrollo Economico de Mexicali, A.C. v. United States, 482 F.3d 1157, 1173 (9th Cir.2007) (no Bivens suit against agents in their official capacity);…