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TABBAA v. CHERTOFF

Docket No. 06-0119-cv.

509 F.3d 89 (2007)

Sawsaan TABBAA, Hassan Shibly, Asmaa Elshinawy, Karema Atassi, Galeb Rizek, Plaintiff-Appellants, v. Michael CHERTOFF, Secretary of the United States Department of Homeland Security, Robert C. Bonner, Commissioner of the United States Customs and Border Protection, Michael D'Ambrosio, United States Customs and Border Protection, Joseph J. Wilson, Buffalo Port Director for the United States Customs and Border Protection, Defendant-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 26, 2007.

Attorney(s) appearing for the Case

Christopher Dunn, New York Civil Liberties Union Foundation (Corey Stoughton, Udi Ofer, Arthur Eisenberg, New York Civil Liberties Union Foundation, New York, N.Y.; Catherine Kim, American Civil Liberties Union Foundation, New York, N.Y.; Michael Wishnie, New York Civil Liberties Union Foundation cooperating attorney, New York, N.Y.; Arsalan Iftikhar and Khurrum Wahid, Council on American-Islamic Relations, Washington, D.C.; David Jay, Buffalo, N.Y.; Daniel Freeman and Murad Hussain, Allard K. Lowenstein International Human Rights Clinic, National Litigation Project, Yale Law School, New Haven, CT, on the brief), New York, N.Y., for Plaintiffs-Appellants.

Lewis S. Yelin, Civil Division, U.S. Department of Justice (Peter D. Keisler, Assistant Attorney General, Washington, D.C.; Terrance P. Flynn, United States Attorney, Western District of New York, Buffalo, N.Y.; Douglas N. Letter, Appellate Litigation Counsel, U.S. Department of Justice, Washington, D.C., on the brief), Washington, D.C., for Defendants-Appellees.

Before: STRAUB, POOLER, and B.D. PARKER, Circuit Judges.

STRAUB, Circuit Judge:

In December 2004, officials at the U.S. Bureau of Customs and Border Protection ("CBP") received intelligence that gave them reason to believe that persons with known terrorist ties would be attending certain Islamic conferences to be held during the year-end holiday season of 2004, including the Reviving the Islamic Spirit Conference at the Skydome in Toronto, Canada. Based on that intelligence, CBP instituted a special inspection operation...

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