IBRAHIM v. DEPARTMENT OF HOMELAND SEC.

No. 06-16727.

538 F.3d 1250 (2008)

Rahinah IBRAHIM, an individual, Plaintiff-Appellant, v. DEPARTMENT OF HOMELAND SECURITY; Michael Chertoff, in his official capacity as the Secretary of the Department of Homeland Security; Tom Ridge, in his official capacity as the former Secretary of the Department of Homeland Security Transportation Security Administration; Kip Hawley, in his official capacity as Administrator of the Transportation Security Administration; David M. Stone, in his official capacity as Acting Administrator of the Transportation Security Administration; Terrorist Screening Center; Donna Bucella, in her official capacity as Director of the Terrorist Screening Center; Norm Mineta, in his official capacity as Secretary of Transportation; Federal Aviation Administration; Marion C. Blakey, in her official capacity as Administrator of the Federal Aviation Administration; Federal Bureau of Investigation; Robert Mueller, in his official capacity as Director of the Federal Bureau of Investigation, Defendants-Appellees, UAL Corporation; United Airlines; David Nevins, an individual, Defendants-Appellees, John Bondanella, an individual, Defendant-Appellee, Transportation Security Operations Center; Transportation Security Intelligence Services, Defendants-Appellees, and San Francisco Airport; City of San Francisco; County of San Francisco; City of San Francisco Police Department, Defendants, Richard Pate, an individual, Defendant, John Cunningham, an individual; Elizabeth Maron, an individual, Defendants, US Investigations Services, Inc., a Virginia corporation, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed August 18, 2008.


Attorney(s) appearing for the Case

Marwa Elzankaly, James McManis and Kevin Hammon, McManis Faulkner & Morgan, San Jose, CA, for the plaintiff-appellant.

Joshua Waldman, Appellate Staff Attorney, Peter D. Keisler, Assistant Attorney General, Scott N. Schools, U.S. Attorney, and Douglas N. Letter, Appellate Staff Attorney, U.S. Department of Justice, Washington, DC, for the federal defendants-appellees.

Sharon Douglass Mayo, Arnold & Porter LLP, San Francisco, CA, and E. Alex Beroukhim, Arnold & Porter LLP, Los Angeles, CA, for defendant-appellee John Bondanella.

Richard G. Grotch, Redwood City, CA, for defendants-appellees David Nevins, United Air Lines, Inc. and UAL Corporation.

Opinion by Chief Justice KOZINSKI; Dissent by Judge N.R. SMITH.


KOZINSKI, Chief Judge:

We consider our jurisdiction over the claims of a passenger detained at a U.S. airport because her name is on the federal government's No-Fly List.

Facts

Rahinah Ibrahim is a Malaysian Muslim who studied at Stanford University under a student visa. In January 2005, she tried to fly from San Francisco to Malaysia, but when she presented her ticket at the United Air Lines counter, the airline discovered her name on the federal...

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