Usdhs

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FIRDOS SHEIKH, No. 22-16983

Plaintiff-Appellant, D.C. No. v. 2:22-cv-00409-

WBS-AC

U.S. DEPARTMENT OF

HOMELAND SECURITY; CAROL

WEBSTER, Special Agent of U.S; OPINION EUGENE KIZENKO, DHS Special Agent,

Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of California William B. Shubb, District Judge, Presiding

Argued and Submitted February 5, 2024 San Francisco, California

Filed July 5, 2024

Before: Ryan D. Nelson, Danielle J. Forrest, and Gabriel P. Sanchez, Circuit Judges.

Opinion by Judge Sanchez; Concurrence by Judge R. Nelson SUMMARY *

Bivens

The panel affirmed the district court’s dismissal of Dr. Firdos Sheikh’s Fourth and Fifth Amendment claims brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), against former special agents with the Department of Homeland Security Investigations (HSI) alleging that defendants fabricated evidence in a search warrant affidavit and submitted misleading reports…