In Aguilar v.U..Immigration and Customs Enforcement, the Guatemalan consul, acting as next friend of the detainees, filed a petition for a writ of habeas corpus and a complaint for declaratory and injunctive relief in the United States District Court for the District of Massachusetts.The District Court dismissed the petitioners' substantive due process claims for failure to satisfy the prerequisites of Federal Rule of Civil Procedure as stated under:

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Federal Rule 12(b)(6) covers motions to dismiss for failure to state a claim upon which relief can be granted. This means that the court can dismiss a claim if, even if all the alleged facts are true, the plaintiff has not set forth a legal theory that would entitle them to relief. This was likely the reason for the dismissal of the petitioners' substantive due process claims.

In Aguilar V