Papa

Lucia Lima De Oliveir Papa and her six children appeal from the dismissal of their first amended complaint against the United States, the United States Immigration and Naturalization Service (INS), and one hundred John Does stemming from the death of Ms. Papa’s husband and the children’s father, Mauricio Papa, while in INS custody in 1991. The district court dismissed the appellants’ Bivens claims for failure to state a claim, their claims under the Federal Tort Claims Act (FTCA) 1 and the Alien Tort Claims Act (ATCA) 2 as untimely and for failure to state a claim, and their Freedom of Information Act (FOIA) 3 claims on the ground that the *1008 Government had produced the required materials. Finally, the district court denied the Papas’ motion for leave to file a second amended complaint on the grounds that the proposed complaint did not solve the problems inherent in the previous complaint. The Papas appeal. We affirm in part and reverse in part.

I

Background

Mauricio Papa, a citizen of Brazil, entered the United States in 1991. He was taken into INS custody for possessing a false visa. He chose to remain in INS detention instead of being summarily deported. After…