Kyei

MEMORANDUM **

Kofi O.A. Kyei appeals the district court’s grant of the federal defendants’ motions to dismiss and for summary judgment and its grant of Defendant Yamhill County’s motion for summary judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the facts, we do not recount them here.

We review the district court’s dismissals on the basis of immunity de novo. 1 We also review the district court’s grant of summary judgment de novo.

The district court properly held that qualified immunity barred suit against the Bureau of Citizenship and Immigration Services (“BCIS”) officials for claims arising out of their actions related to the parole hearing. Kyei did not have a clearly established constitutional right to an impartial hearing or to be free pending his deportation. 3 Therefore, qualified immunity applied to the BCIS officials’ decision to hold the parole hearing before the BCIS district director, their conduct during the hearing, and their decision not to release Kyei.

The district court properly held that sovereign immunity barred suit against the United States for claims arising out of the alleged loss of Kyei’s…