Vinesh Singh v. Jefferson Sessions

U.S. Court of Appeals for the Ninth Circuit
Vinesh Singh v. Jefferson Sessions, 697 F. App'x 577 (9th Cir. 2017)

Vinesh Singh v. Jefferson Sessions

Opinion

MEMORANDUM **

Vinesh Singh argues that the state-created danger doctrine prohibits the federal government from deporting him to Fiji, where it would be harder for him to obtain treatment for.a medical condition he contracted while serving a sentence in a California prison. See L.W. v. Grubbs, 974 F.2d 119, 121-22 (9th Cir. 1992). We assume for the purposes of this appeal that a deportation could be enjoined based on the state-created danger doctrine. See Morgan v. Gonzales, 495 F.3d 1084, 1093 (9th Cir. 2007). And we assume that Singh might be entitled to factfinding in a district court if he alleged a colorable claim under that state-created danger doctrine. See id. at 1090.

We deny the petition, however, because Singh lacks a colorable claim on the merits. 1 Because federal officials were not involved in creating the danger Singh allegedly faces, the law does not require federal officials to protect him from it. Compare, e.g., Wang v. Reno, 81 F.3d 808, 818 (9th Cir. 1996).

PETITION DENIED.

**

This disposition is 'not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

1

. Singh’s request for judicial notice of court documents in another lawsuit is granted. See Fed. R. Evid. 201.

Reference

Full Case Name
Vinesh Kumar SINGH, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent
Status
Unpublished