No. 22-1178
Federal Bureau of Investigation, et al. v. Yonas Fikre
Amici (10)
Experienced Counsel
Tags: administrative-law administrative-procedure circuit-split civil-procedure constitutional-rights due-process government-declaration government-power judicial-review mootness no-fly-list standing
Latest Conference:
2023-09-26
Question Presented (from Petition)
Individuals are sometimes removed from the No Fly List during ongoing litigation about their placement on that list. The Fourth and Sixth Circuits have held that an individual's removal from the No Fly List moots a case when the government represents that the individual will not be placed back on the list based on currently available information. In conflict with those decisions, the Ninth Circuit held in this case that respondent's claims were not moot even though he was removed from the No Fly List in 2016 and the government provided a sworn declaration stating that he "will not be placed on the No Fly List in the future based on the currently available information."
The question presented is whether respondent's claims challenging his placement on the No Fly List are moot.
Question Presented (AI Summary)
Whether respondent's claims challenging placement on the No-Fly-List are moot
Docket Entries
2024-04-22
Judgment Issued.
2024-03-19
Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Kavanaugh, J., joined.
2024-02-21
Letter of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
2024-01-08
Argued. For petitioners: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Gadeir Abbas, Washington, D. C.
2023-12-28
Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
2023-12-20
Brief amici curiae of Asian Americans Advancing Justice, et al. filed. (Distributed)
2023-12-20
Brief amicus curiae of Constitutional Law Center for Muslims in America filed. (Distributed)
2023-12-20
Brief amicus curiae of Cato Institute filed. (Distributed)
2023-12-20
Brief amici curiae of Sikh Coalition, et al. filed. (Distributed)
2023-12-20
Brief amicus curiae of Institute for Justice filed. (Distributed)
2023-12-20
Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
2023-12-20
Brief amici curiae of Restore the Fourth, Inc., et al. filed. (Distributed)
2023-12-20
Brief amicus curiae of Patrick G. Eddington filed. (Distributed)
2023-12-19
Brief amicus curiae of Liberty Justice Center filed. (Distributed)
2023-12-13
Brief of respondent Yonas Fikre filed. (Distributed)
2023-12-01
Sealed material from the United States District Court for the District of Oregon electronically available with the Clerk.
2023-11-30
CIRCULATED
2023-11-17
Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and available on PACER.
2023-11-17
Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.
2023-11-17
SET FOR ARGUMENT on Monday, January 8, 2024.
2023-11-17
Record requested from the United States Court of Appeals for the Ninth Circuit.
2023-11-13
Brief of petitioners filed.
2023-10-30
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
2023-10-13
Motion to dispense with printing the joint appendix filed by petitioner Federal Bureau of Investigation, et al.
2023-09-29
Petition GRANTED.
2023-09-06
DISTRIBUTED for Conference of 9/26/2023.
2023-09-05
Reply of petitioners Federal Bureau of Investigation, et al. filed.
2023-08-21
Brief of respondent Yonas Fikre in opposition filed.
2023-07-03
Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023.
2023-06-30
Motion to extend the time to file a response from July 6, 2023 to August 21, 2023, submitted to The Clerk.
2023-06-02
Petition for a writ of certiorari filed. (Response due July 6, 2023)
2023-03-16
Application (22A822) to extend the time to file a petition for a writ of certiorari from April 4, 2023 to June 2, 2023, submitted to Justice Kagan.
2023-03-16
Application (22A822) granted by Justice Kagan extending the time to file until June 2, 2023.
Attorneys
American Civil Liberties Union and The ACLU Foundation of Oregon
Asian Americans Advancing Justice and Other Asian-American Civil Rights Organizations
Cato Institute
Constitutional Law Center for Muslims in America
Federal Bureau of Investigation, et al.
Elizabeth B. Prelogar — Solicitor General, Petitioner
Institute for Justice
Samuel Bracken Gedge — Institute for Justice, Amicus
Liberty Justice Center
Jacob H. Huebert — Liberty Justice Center, Amicus
Patrick G. Eddington
Anastasia Paulinna Boden — Cato Institute, Amicus
Restore the Fourth, Inc. and the Forum for Constitutional Rights
Sikh Coalition and First Liberty Institute
John Michael Reeves Jr. — Reeves Law LLC, Amicus
The Becket Fund for Religious Liberty
Yonas Fikre
Lindsay C. Harrison — Jenner & Block, LLP, Respondent
Gadeir Ibrahim Abbas — Council on American-Islamic Relations, Respondent
Justin Mark Sadowsky — CAIR Legal Defense Fund, Respondent
Lena Fatina Masri — CAIR Legal Defense Fund, Respondent