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MAYFIELD v. U.S.

No. 07-35865.

588 F.3d 1252 (2009)

Brandon Bieri MAYFIELD, an individual; Mona Mayfield appointed as Guardian Ad Litem per Order; Shane Mayfield; Sharia Mayfield; Samir Mayfield, individuals, by and through their guardian ad litem Mona Mayfield, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2009.

Attorney(s) appearing for the Case

Douglas Letter and Scott McIntosh, Civil Division, Department of Justice, Washington, D.C., for the appellant.

Elden Rosenthal, Rosenthal & Greene, P.C., Portland, OR, for the appellees.

Before: RICHARD A. PAEZ and JOHNNIE B. RAWLINSON, Circuit Judges, and RANER C. COLLINS, District Judge.

PAEZ, Circuit Judge:

In this appeal, we must decide whether Plaintiffs-Appellees Brandon Mayfield, a former suspect in the 2004 Madrid train bombings, and his family, have standing to seek declaratory relief against the United States that several provisions of the Foreign Intelligence Surveillance Act ("FISA") as amended by the PATRIOT Act are unconstitutional under the Fourth Amendment of the U.S. Constitution. Although Mayfield settled the bulk of his claims against...

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