Can a federal officer be removed under section 1442 of the Civil Code of Civil Procedure?
MultiRegion, United States of America
The following excerpt is from Agyin v. Razmzan, 986 F.3d 168 (2nd Cir. 2021):
Section 1442 authorizes "[t]he United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof" to remove actions "for or relating to any act under color of such office."2 Under 1442, "federal officer removal must be predicated on the allegation of a colorable federal defense." Mesa v. California , 489 U.S. 121, 129, 109 S.Ct. 959, 103 L.Ed.2d 99 (1989).
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