Whether the collection of telephony metadata of millions of Americans pursuant to the Foreign Intelligence Surveillance Act (FISA) constitutes a violation of the Fourth Amendment's protections against unreasonable searches

No question identified. : Circuit in United States of America v. Moalin, et al v., Nos. 138-50572, et al. This application is unopposed by respondent. (Email communication with Daniel Zipp, Assistant United States Attorney. Oral argument was on November 10, 2016. On September 20, 2020, the Opinion was filed. A copy is attached as Exhibit A. A petition for panel rehearing and petition for rehearing en banc was filed by petitioners on November 13, 2020. Respondent USA filed a petition for rehearing en banc was filed on November 13, 2020 and denied the same day as untimely. Respondent USA filed a motion to extend time which was granted on December 1, 2020. On January 15, 2021, the panel ordered petitioners to file a response to the USA’s petition for rehearing en banc and the government was ordered to file a response to petitioners’ petition for rehearing en banc. On February 27, 2025, the panel unanimously voted to deny the petitions for rehearing. The full court had been advised of the petitions for rehearing en banc and no judge requested a vote on whether to rehear the matter en banc. A copy of that order is attached as Exhibit B. The mandate was issued on March 5, 2025. This Court has jurisdiction to review the Ninth Circuit’s judgment pursuant to Title 28 U.S.C. §1255. A petition for writ of certiorari is currently due by May 28, 2025. This application is filed more than ten days before that date. The requested sixty-day extension would extend the due date to July 27, 2025. Grounds for the Extension Request As grounds for this request, petitioners state as follows: 1. This case involves important questions concerning the Fourth Amendment. The panel held that when it collected, pursuant to the Foreign Intelligence Surveillance Act (FISA), the telephony metadata of millions of American, including at least one of the defendants, the government may have violated the Fourth Amendment. However, the panel concluded suppression was not warranted on the facts of this case; “the panel was convinced that under established Fourth Amendment standards, the metadata collection, even if unconstitutional, did not taint the evidence introduced by the government at trial.” Furthermore, the panel confirmed that the Fourth Amendment requires notice to a criminal defendant when the prosecution intends to enter into evidence or otherwise use or disclose information obtained or derived from the surveillance of that defendant conducted pursuant to the government’s foreign intelligence authorities. However, the panel did not decide whether the government failed to prove any required notice in this case because the lack of notice failed to prejudice the defendants. 2. Petitioner Issa Doreh maintains that contrary to the summary statement of the Ninth Circuit, there was insufficient evidence to support his conviction. Good Cause Exists for the Extension Request Good cause exists for the requested and unopposed sixty-day extension for filing the petition. This appeal has presented novel and complex issues concerning the collection of data pursuant to FISA. It should also be noted that counsel have represented their respective petitioners for approximately 12 years and have worked closely in presenting consolidated briefs to the Ninth Circuit. In addition to the fact that since the time of oral argument nearly nine years ago, there have been numerous decisions by various district and circuit courts on issues related to this petition — decisions which need further study and possible incorporation into the petition for writ of certiorari — the following circumstances have limited the time available to attorneys Missakian and Zugman to work on the cert petition. A. Counsel for Issa Doreh has been unable to work since early November 2024 due to a pelvic fracture and subsequent surgery on April 1, 2025. Based on her recovery to date and a further medical procedure, an extension of sixty days will enable her to participate in the preparation of the petitio