Case: 22-40229 Document: 00516694886 Page: 1 Date Filed: 03/30/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
No. 22-40229 March 30, 2023
Summary Calendar Lyle W. Cayce
Clerk
Jose Reyes Lujan Trevino,
Plaintiff—Appellant,
versus
Armando Gutierrez, Individually and in his official capacity; Victor
Lujan, Individually and in his official capacity; Jane Doe, Individually
and in her official capacity; John Doe, Individually and in his official
capacity; Unknown named DHS Ice Office of the Chief
Counsel, San Antonio, Texas, Individually and in their official
capacity; Unknown named DHS ICE CBP Officers Laredo-
San Antonio, Texas District, Individually and in their official
capacity; Immigration Court San Antonio District; Clerk
of Immigration Court; Immigration Judge Cynthia
Lafuente Gaona, Individually and in her official capacity;
Immigration Judges Jane Doe, Individually and in their official
capacity; Immigration Judges John Doe, Individually and in their
official capacity; Social Security Administration,
Defendants—Appellees.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:20-CV-180
Case: 22-40229 Document: 00516694886 Page: 2 Date Filed: 03/30/2023
No. 22-40229
Before Wiener, Elrod, and Engelhardt, Circuit Judges.
Per Curiam:*
Appellant Jose Reyes Lujan Trevino appeals the district court’s
dismissal of his complaint. Because he fails to show any reversible error, we
AFFIRM.
This case stems from Trevino’s lawsuit against Victor Lujan, Jr.,
Armando Gutierrez, and numerous federal agencies, officers, and
immigration judges. Among other allegations, Trevino alleges a far-reaching
conspiracy in violation of his constitutional and statutory rights.
Trevino’s allegations are hard to follow. But in short, he alleges that
he was improperly arrested by the Department of Homeland Security and
that his deportation was the result of an intricate conspiracy between Victor
Lujan, Jr. (his nephew), Armando Gutierrez (his former employee),
unspecified Homeland Security officers, and the Immigration Court judges.
Trevino contends that they all conspired to have him deported so Lujan and
Gutierrez could take his real estate business and embezzle his money.
The district court dismissed Trevino’s claims under Rule 12(b)(1) for
lack of subject matter jurisdiction and under Rule 12(b)(6) for failure to state
a claim. The following were dismissed under Rule 12(b)(1):
(1) Claims arising from removal cases and immigration detention
(2) Claims under the Freedom of Information Act
(3) Claims against the Social Security Administration
(4) Claims for damage against federal agencies and employees in the
official capacities
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
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Case: 22-40229 Document: 00516694886 Page: 3 Date Filed: 03/30/2023
No. 22-40229
The rest of his claims were dismissed for failure to state a claim under Rule
12(b)(6).
We have reviewed Trevino’s brief and all relevant materials. And we
agree with the district court’s determination that Trevino’s complaint
should have been dismissed. Accordingly, we AFFIRM.
3