Can a federal officer be removed from a civil case?

Generally, there is a strong presumption against removal jurisdiction and the defendants always have the burden of establishing that removal is proper. Gaus, 980 F.2d at 566. However, the federal officer removal statute is an exception to this general rule and 1442 is interpreted broadly in favor of removal. Durham, 445 F.3d at 1252; Ballenger v. Agco, No. 06-2271 CW, 2007 WL 1813821, at *2 (N.D. Cal. June 22, 2007). For example, under 1442, federal officers can remove both civil and criminal cases while 1441 only provides for civil removal; a federal officer can remove a case even if the plaintiff couldn't have filed the case in federal court in the first instance; removals under 1441 are subject to the well-pleaded complaint rule while those under 1442 are not; and where all defendants must consent to removal under 1441, a federal officer or agency defendant can unilaterally remove a case under 1442.

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