Sissoko

After Oumar Sissoko (“Sissoko”), an alien who had over-stayed his visa but had applied for legalization, returned from his father’s funeral in the spring of 1997, an immigration inspection officer, appellant Loyda R. Rocha, took him into custody as an “arriving alien” without proper admission documents. Because of Rocha’s actions, Sissoko spent nearly three months in detention. Sissoko and his wife Julie Sis-soko, a U.S. citizen, brought this action, claiming that the detention was in violation of the Fourth Amendment and seeking damages. Rocha now appeals the district court’s grant of summary adjudication to the Sissokos on the issue of the legality of the detention, and the court’s denial of Rocha’s motion for summary judgment on qualified immunity grounds.

Rocha’s initial contention is that, under 8 U.S.C. § 1252 , the courts are closed to the Sissokos. We disagree. After concluding that § 1252 does not preclude jurisdiction over this case, we affirm the district court’s grant of summary adjudication to the Sissokos and denial of summary judgment to Rocha on qualified immunity, and remand for further proceedings.

I. BACKGROUND

A. Facts

1. Sissoko’s 1997 inspection…