Articles Posted in Immigration Law

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Plaintiff, a U.S. citizen employed in international disaster relief assistance, returned from an overseas business trip and was detained by Immigration and Customs Enforcement at Dulles International Airport. An agent seized his laptop and two flash drives after permitting him to copy and retain one computer file and providing Customs Form 6051D indicating that the equipment would be detained for up to 30 days. While the laptop was detained, its hard drive failed, destroying much of its business software. A Customs representative sent a letter seeking to assure plaintiff that a prompt resolution of the issue would be addressed. About 10 weeks after its seizure, the laptop was returned. Plaintiff’s suit alleged breach of an implied-in-fact contract and a taking, with damages totaling $469,480.00 due to lost contracts resulting from inability to access files as well as replacement hardware, software, and warranty costs. The Claims Court dismissed, finding that the complaint did not sufficiently allege a bailment contract and that the property was not taken for a public use within the context of the Fifth Amendment Takings Clause. The Federal Circuit affirmed. View "Kam-Almaz v. United States" on Justia Law