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LATIF v. HOLDER

No. 11-35407.

686 F.3d 1122 (2012)

Ayman LATIF; Mohamed Sheikh Abdirahman Kariye; Raymond Earl Knaeble IV; Nagib Ali Ghaleb; Samir Mohamed Ahmed Mohamed; Abdullatif Muthanna; Saleh A. Omar; Faisal Nabin Kashem; Elias Mustafa Mohamed; Abdul Hakeim Thabet Ahmed; Ibraheim Y. Mashal; Salah Ali Ahmed; Amir Meshal; Stephen Durga Persaud; Steven William Washburn, Plaintiffs-Appellants, v. Eric H. HOLDER Jr., Attorney General, in his official capacity as Attorney General of the United States; Robert S. Mueller, III, in his official capacity as Director of the Federal Bureau of Investigation; Timothy J. Healy, in his official capacity as Director of the Terrorist Screening Center, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2012.

Attorney(s) appearing for the Case

Nusrat J. Choudhury (argued) and Hina Shamsi , American Civil Liberties Union Foundation, New York, NY; Kevin Diaz , ACLU Foundation of Oregon, Inc., Portland, OR; Julia Harumi Mass , ACLU Foundation of Northern California, San Francisco, CA; Jennifer Lee Pasquarella , ACLU Foundation of Southern California, Los Angeles, CA; and Steven Wilker , Tonkon Torp, LLP, Portland, OR, for the plaintiffs-appellants.

James Edward Cox, Jr. , Assistant United States Attorney, United States Attorney's Office for the District of Oregon, Portland, OR; and Joshua Paul Waldman (argued), Douglas Neal Letter , and Amy Elizabeth Powell , United States Department of Justice, Washington, DC, for the defendants-appellees.

Before: ALEX KOZINSKI, Chief Judge, A. WALLACE TASHIMA and RICHARD C. TALLMAN, Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

The Terrorist Screening Center ("TSC"), which is administered by the Federal Bureau of Investigation ("FBI"), maintains a list of known and suspected terrorists who are not permitted to fly in United States airspace. Plaintiffs — all United States citizens or legal permanent residents — have good reason to believe that they are on the "No-Fly List" ("List"). They initially submitted grievances through the redress...

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