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Jagun v. Rodriguez

United States District Court, D. Maryland

August 3, 2016




         Adedokun Jagun has brought this suit, pro se, against León Rodríguez, Director of U.S. Citizenship and Immigration Services, and ostensibly against James Comey, Director of the Federal Bureau of Investigation (FBI), [1] alleging somewhat nebulous claims that the Court will construe as falling under the U.S. Privacy Act, 5 U.S.C. § 552a, and Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b). Jagun’s claims relate to his attempts to amend and expunge information in an FBI criminal history database. The Government has moved to dismiss the suit on the grounds that the Court lacks jurisdiction, and that Jagun has failed to state a claim upon which relief can be granted. Def.’s Mot. Dismiss, ECF No. 11. In the alternative, Rodríguez asks to Court to enter summary judgment in his favor. Id. Because the Court finds it lacks jurisdiction over any of Jagun’s claims, his lawsuit is DISMISSED.

         I. FACTS

         The Court focuses principally on facts necessary to decide whether it has subject matter jurisdiction over this case.[2] Accordingly, the following factual background is drawn variously from Jagun’s Complaint (“Compl.”), ECF No. 1, his Amended Complaint (“Am. Compl.”), [3]ECF No. 9, and its Exhibits, and from the Government’s Motion to Dismiss or in the Alternative for Summary Judgment (“Mot. Dismiss”), ECF No. 11, and the attached Exhibits.

         Plaintiff’s Encounter with U.S. Immigration and Naturalization Service

         Jagun, an erstwhile citizen of Nigeria, entered the United States on an F-1 student visa in 1972. See Am. Compl. ¶ 1. In January or March[4] of 1975, Jagun had contact with Immigration and Naturalization Service (INS) agents in Boston. He claims he voluntarily walked in to INS offices to request a change to his immigration status that would allow him to work full time to support his wife and young son, who had been recently born with a congenital heart defect. Id. ¶ 2-5. The record does not show whether Jagun was arrested, apprehended, or presented himself to INS voluntarily at this time.

         Regardless, as a result of his contact with INS, Jagun was granted Voluntary Departure status. Id.; see also Mot. Dismiss, Ex. 7, ECF No. 11-9. Jagun claims the status was “open-ended, with no specified date of departure.” Am. Compl. ¶ 5. He claims INS told him that he could stay in the U.S. “for as long as required, and as dictated by [his] son’s health condition.” Id. He also claims INS told him he could “engage in any lawful activity, including full-time employment.” Id. The Government denies that Jagun’s status was open-ended. See Mot. Dismiss at 5.

         The record includes a form titled “Record of Deportable Alien” filled out by an INS investigator at around this time. Id., Ex. 7, ECF No. 11-9. The investigator, Richard Cummings, gave the following summary of the encounter between Jagun and INS:

SUBJECT is employed as an “Inspector” earning approximately $140. per week: full-time, evening shift.
He is also a full time student at Southeastern Massachusetts University. He will graduate in June 1975 with a B.A. degree in Political Science.
He has a [U.S. citizen] child born March 1974 in New Bedford who suffers from a congenital heart defect. SUBJECT claims he only worked full-time to pay the bills for his child. He had received permission to work part-time.
Per instructions of DD, 3/21/75 SUBJECT will be given VD [voluntary departure] until 5/30/75. A complete review of his case will be made then.
His child will receive a complete medical examination in May. I requested a copy of the examination for our review.


         On March 25, 1975, INS sent a Form I-210 to Jagun at his address in New Bedford, Massachusetts. Mot. Dismiss, Ex. 9, ECF No. 11-11. It states that “[in] accordance with a decision made in your case you are required to depart from the United States at your own expense on or before June 30, 1975.” Id. The form states that INS issued no order to show cause, which would formally place him in deportation proceedings. See Mot. Dismiss, Ex. 6 at 3, ECF No. 11-8; id., Ex. 9, ECF No. 11-11.

         At some point over the next few years, Jagun was granted permission to delay his voluntary departure until February 11, 1978 because of his child’s medical condition. See Mot Dismiss, Ex. 8, ECF No. 11-10. Then, in February 1978, Jagun apparently applied to convert his voluntary departure status back into an F-1 student visa. Am. Compl. ¶ 7. The request was denied. Mot. Dismiss, Ex. 8, ECF No, 11-10. INS eventually granted Jagun an extension of his voluntary departure deadline until September 15, 1978, and then again until March 15, 1979. Id. at 6. Jagun departed the United States on December 14, 1978 and returned lawfully the following month. Am. Compl. ¶ 8-9; Mot. Dismiss, Ex. 6 ¶ 12, ECF No. 11-8. Jagun later left the United States for Nigeria in 1979 and remained there until October 1995, when he returned to the United States. Compl. ¶ 21-22.

         On July 26, 2002, Jagun was naturalized as a U.S. citizen. Mot. Dismiss, Ex. 11, ECF No. 11-13.[5]

         Plaintiff’s Criminal History Record

         The above-described contact between Jagun and INS apparently formed the basis of Jagun’s FBI Identification Record, which is the subject of his Complaint.

         An FBI Identification Record (known as a “criminal history record” or “rap sheet”) contains information from fingerprint submissions received by the FBI from other government authorities in connection with arrests. 28 C.F.R. § 16.31; see Mot. Dismiss, Ex. 12 ¶ 3, ECF No. 11-14. The information includes the agency that submitted the fingerprints, the date the person was arrested or received by the agency, the charge, and the disposition of the arrest. Id. It is produced by the FBI’s Criminal Justice Information Services Division (CJIS). Id.

         At the time Jagun filed his Complaint, his criminal history record showed the following:


Am. Compl., Ex. 4, ECF No. 9-5; see also Mot. Dismiss, Ex. 12 ¶ 6, ECF No. 11-14.

         Jagun’s immigration file contains a “Final Disposition Report” which states that Jagun was “arrested or received” on March 24, 1975, and lists his “arrest no.” as A20 750 987. Mot. Dismiss Ex. 10, ECF No, 11-12. It states the “offenses charged at arrest” to be “violation of Immigration laws.” Id. The form contains instructions for sending the form to the FBI. Id. According to the Declaration of Craig Raynsford, legal advisor to U.S. Immigration and Customs Enforcement (ICE), this is a “copy of the form that would have been sent to the FBI for creation of the record that now exists in the FBI Criminal Justice Information System.” Mot. Dismiss, Ex. 6 ¶ 9, ECF No. 11-8.

         Jagun has consistently maintained there was “never any arrest of, or deportation proceedings commenced against, him by the U.S. Immigration Service in 1975, or ...

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