IBRAHIM v. DEPARTMENT OF HOMELAND SEC.

No. 10-15873.

669 F.3d 983 (2012)

Rahinah IBRAHIM, an individual, Plaintiff-Appellant, v. DEPARTMENT OF HOMELAND SECURITY; Michael Chertoff, in his official capacity as the former Secretary of the Department of Homeland Security; Tom Ridge, in his official capacity as the former Secretary of the Department of Homeland Security; Terrorist Screening Center; Donna Bucella, in her official capacity as former Director of the Terrorist Screening Center; Federal Bureau of Investigation; Robert S. Mueller, III, in his official capacity as Director of the Federal Bureau of Investigation; Janet Napolitano, in her official capacity as Secretary of the Department of Homeland security; Eric H. Holder Jr., Attorney General, in his official capacity as Attorney General; Arthur M. Cummings, II, in his official capacity as Executive Assistant Director of the FBI's National Security Branch; National Counterterrorism Center; Michael E. Leiter, in his official capacity as Director of the National Counterterrorism Center; Department of State; Hilary Clinton, in her official capacity as Secretary of State, Defendants-Appellees, and v. John Bondanella, an individual; US Investigations Services, Inc., a Virginia corporation; City and County of San Francisco; San Francisco Airport; San Francisco Police Department; Richard Pate, an individual; John Cunningham, an individual; Elizabeth Maron, an individual, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed February 8, 2012.


Attorney(s) appearing for the Case

James McManis , Marwa Elzankaly , Christine Peek , Elizabeth Pipkin , McManis Faulkner , San Jose, CA, for the appellant.

Paul G. Freeborne , Douglas Neal Letter , Joshua P. Waldman , U.S. Department of Justice, Washington, DC, for the appellees.

Veena Dubal , Asian Law Caucus, San Francisco, CA, and Maria V. Morris , Sanford Jay Rosen , Rosen Bien & Galvan, LLP, San Francisco, CA, for the amici curiae.

Opinion by Judge WILLIAM A. FLETCHER; Dissent by Judge DUFFY.


OPINION

W. FLETCHER, Circuit Judge:

Plaintiff Rahinah Ibrahim is a citizen of Malaysia and mother of four children. She was legally in the United States from 2001 to 2005 as a Ph.D. student at Stanford University. She alleges that the U.S. government has mistakenly placed her on the "No-Fly List" and other terrorist watchlists. On January 2, 2005, she attempted to travel to a Stanford-sponsored conference in Malaysia where she was to present her doctoral...

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