Jairo Pedroza v. Alberto Gonzalez

Good Law
488 F. App'x 270
United States Court of Appeals for the Ninth CircuitNovember 27, 201211-55784California263 words

Opinion

Opinion

MEMORANDUM

Jairo Bravo Pedroza appeals pro se from the district court’s judgment dismissing his action brought 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 Fifth Amendment and malicious prosecution claims in connection with defendants’ decision to commence removal proceedings against him and his detention incident to those proceedings. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for lack of subject matter jurisdiction, Vestron, Inc. v. Home Box Office Inc., 839 F.2d 1380, 1381 (9th Cir.1988). We affirm.

The district court properly dismissed Pedroza’s action for lack of subject matter jurisdiction under 8 U.S.C. § 1252 (g). See Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471, 482-88 , 119 S.Ct. 936 , 142 L.Ed.2d 940 (1999).

The district court did not abuse its discretion by denying Pedroza leave to amend because further amendment would have been futile in light of the jurisdictional bar. See L.A. Mem’l Coliseum Comm’n v. City of Oakland, 717 F.2d 470, 478 (9th Cir.1988) (setting forth standard of review).

The district court properly declined to…

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