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JIFRY v. F.A.A.

Nos. 03-1085, 03-1143, 03-1144 and 03-1282.

370 F.3d 1174 (2004)

Tarek H. JIFRY and Maan H. Zarie, Petitioners, v. FEDERAL AVIATION ADMINISTRATION, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 2004.

Attorney(s) appearing for the Case

Thomas J. Whalen argued the cause for petitioners. With him on the briefs was Evelyn D. Sahr.

Douglas N. Letter, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief were Peter D. Keisler, Assistant Attorney General, and E. Roy Hawkens and Catherine Y. Hancock, Attorneys.

Before: ROGERS, TATEL and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Petitions filed by two non-resident alien pilots challenge certain aviation regulations adopted in the wake of the September 11, 2001 terrorist attacks. From the establishment of the Transportation Security Administration ("TSA") in November 2001 to the promulgation of the challenged regulations in January 2003, aviation security has undergone a fundamental transformation. The pilots...

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