Maher ARAR, Plaintiff-Appellant,
v.
John ASHCROFT, Attorney General of the United States, Larry D. Thompson, formerly Acting Deputy Attorney General, Tom Ridge, Secretary of Homeland Security, J. Scott Blackman, formerly Regional Director of the Regional Office of Immigration and Naturalization Services, Paula Corrigan, Regional Director of Immigration and Customs Enforcement, Edward J. McElroy, Formerly District Director of Immigration and Naturalization Services for New York District, and now Customs Enforcement, Robert Mueller, Director of the Federal Bureau of Investigation, John Doe 1-10, Federal Bureau of Investigation and/or Immigration and Naturalization Service Agents, and James W. Ziglar, formerly Commissioner for Immigration and Naturalization Services, United States, Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
In Banc Rehearing: December 9, 2008.
Decided: November 2, 2009.
Attorney(s) appearing for the Case
David Cole (Maria Couri LaHood, Jules Lobel, Katherine Gallagher, on the brief), Center for Constitutional Rights, New York, NY; Joshua S. Sohn (on the brief), DLA Piper U.S. LLP, New York, NY, for Plaintiff-Appellant.
Jonathan F. Cohn, Deputy Assistant Attorney General (Gregory G. Katsas, Assistant Attorney General; Benton J. Campbell, United States Attorney; Larry Lee Gregg, R. Joseph Sher, Dennis C. Barghaan, Assistant United States Attorneys; Mary Hampton Mason, Jeremy S. Brumbelow, U.S. Department of Justice, Civil Division, Torts Branch; Barbara L. Herwig, Robert M. Loeb, Michael Abate, U.S. Department of Justice, Civil Division, Appellate Staff, on the brief), for Defendant-Appellee John Ashcroft, the official capacity Defendants-Appellees, and the United States.
Jeremy A. Lamken (John J. Cassidy, Jamie S. Kilberg, Paul J. Nathanson, on the brief), Baker Botts L.L.P., Washington D.C.; Stephen L. Braga (on the brief), Ropes & Gray L.L.P., Washington D.C., for Defendant-Appellee Larry D. Thompson.
Robin L. Goldfaden, American Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, CA, for Amici Curiae American Civil Liberties Union and New York Civil Liberties Union in support of Plaintiff-Appellant.
Burt Neuborne, New York, NY, for Amici Curiae Norman Dorsen, Helen Hershkoff, Frank Michelman, Burt Neuborne, and David L. Shapiro, in support of Plaintiff-Appellant.
Michael B. De Leeuw, Dale E. Ho, Jonathan J. Smith, Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY, for Amicus Curiae NAACP Legal Defense & Educational Fund, Inc. in support of Plaintiff-Appellant.
Sidney S. Rosdeitcher, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for Amici Curiae Retired Federal Judges in support of Plaintiff-Appellant.
Nancy Morawetz, New York University School of Law, New York, NY, for Amici Curiae Law Professors in support of Plaintiff-Appellant.
Alexander Yanos, Freshfields Bruckhaus Deringer U.S. LLP, New York, NY, for Amicus Curiae Redress Trust in support of Plaintiff-Appellant.
CALABRESI, J., filed a dissenting opinion in which POOLER, SACK, and PARKER, JJ., joined.
United States Court of Appeals, Second Circuit.
DENNIS JACOBS, Chief Judge:
Maher Arar appeals from a judgment of the United States District Court for the Eastern District of New York (Trager, J.) dismissing his complaint against the Attorney General of the United States, the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, and others, including senior immigration officials. Arar alleges that he was detained while changing planes...
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