With no explanation, chose the best option from "A", "B", "C" or "D". (quoting Seminole Tribe v. Florida, 517 U.S. 44, 67, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996)). Because we affirmed the denial of qualified immunity in Martinez-Aguero and allowed the case to proceed to trial, the availability of a Bivens remedy was necessary to the decision and is binding Fifth Circuit law. 3 . See, e.g., Escobar v. Gaines, No. 3-11-0994, 2014 WL 4384389, at *4 (M.D.Tenn. Sept. 4, 2014) (“The Court does not have to 'imply' a damages remedy [for undocumented immigrants challenging a raid by immigration officials] — one already exists under Bivens for damages against federal officers who violate a person’s Fourth Amendment rights.”); Morales v. Chadbourne, 996 F.Supp.2d 19, 30-34 (D.R.I.2014) (same); Vazquez-Mentado v. Buitron, 995 F.Supp.2d 93, 97-102 (N.D.N.Y.2014) (<HOLDING>); Diaz-Bernal v. Myers, 758 F.Supp.2d 106, 111,

A: recognizing an implied fourth amendment action for damages
B: recognizing aliens bivens claim for damages under the fourth amendment against the chief border patrol agent arising from the us border patrol buffalo sectors policy which rewarded usbp buffalo sec tor agents with cash vacation time and gift cards for high arrest numbers but not for the legality of arrests
C: recognizing cause of action for damages against federal agents acting under their authority who allegedly violated plaintiffs fourth amendment rights
D: holding that a mexican national who alleged that she had been illegally arrested and beaten by a border patrol agent may bring a bivens claim for unlawful arrest and the excessive use of force under the fourth amendment
B.