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Prathees Murugesapillai v. Antelope Valley Emergency Medical Association (Avema)

May 9, 2011

PRATHEES MURUGESAPILLAI, PLAINTIFF,
v.
ANTELOPE VALLEY EMERGENCY MEDICAL ASSOCIATION (AVEMA), ET AL., DEFENDANTS.



The opinion of the court was delivered by: Hon. Manuel L. Real United States District Judge

STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW

RE: Defendant United States of America's Motion for Summary Judgment

Defendant United States of America moved this Court for an order granting summary judgment as against Plaintiff Prathees Murugesapillai's fourth and fifth causes of action for "medical negligence and negligence" and "false imprisonment," respectively, as set forth in Plaintiff's Fourth Amended Complaint.

The United States' motion came on regularly for hearing on May 2, 2011.

The Court, having now considered the parties' memoranda of points and authorities, the supporting declarations and evidence submitted therewith, as well as having considered all of the other pleadings, records, and documents on file in this action, hereby decrees that the following uncontroverted facts and conclusions of law have been established:

UNCONTROVERTED FACTS SUPPORTING EVIDENCE

1. On May 21, 2007, Plaintiff Prathees Murugesapillai, a Sri Lankan national, arrived by plane at the Los Angeles International Airport without a visa or other documentation permitting entry into the United States.

2. Consequently, officials from the U.S. Customs and Border Patrol ("CBP") denied Plaintiff entry into this country, detained him, and charged Plaintiff under sections 212(a)(7)(A)(i)(I) and 211(a) of the Immigration and Nationality Act ("INA"). CBP officials then placed Plaintiff in expedited removal proceedings pursuant to section Declaration of Wesley Lee ("Lee Decl.") at ¶20 235(b)(1)(A)(i) of the INA, which permits the removal of arriving aliens charged under section 212(a)(7)(A)(i)(I) without further hearing or review.

Exhibit C: Record of Deportable/Inadmissible Alien

Exhibit D: Supervisor's Sworn Statement Recommendation

Lee Decl. at ¶20

Exhibit E: Notice and Order of Expedited Removal

Exhibit F: Notice to Detain, Remove, or Present Alien

3. Plaintiff applied for asylum under section 208 of the INA, withholding of removal under section 241(b)(3) of the INA, and protection under Article III of the Convention Against Torture, which, pursuant to section 235(b)(1)(A)(ii), halted his immediate removal. Accordingly, CBP officials detained Plaintiff pursuant to section 235(b)(1)(B)(iii)(IV) of the INA, which requires mandatory detention pending a final determination of credible fear of persecution

4. Plaintiff was transported to and detained at the Mira Loma Detention Center, which is a facility owned and operated by the Los Angeles County ...


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