A U.S. citizen who claimed his rights were violated after he spent hours in a cold detention cell is unable to sue border patrol agents under the landmark U.S. Supreme Court case Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the majority of the U.S. Court of Appeals for the Sixth Circuit said in a split ruling.

Anas Elhady, a Michigan resident who was detained at the border after visiting with friends in Canada, claims U.S. Customs and Border Protection officers subjected him to unreasonably cold temperatures for at least four hours, violating his due process rights under the Fifth Amendment, according to his lawsuit filed in the U.S. District Court for the Eastern District of Michigan.