FIKRE v. F.B.I.

No. 16-36072.

904 F.3d 1033 (2018)

Yonas FIKRE, Plaintiff-Appellant, v. FEDERAL BUREAU OF INVESTIGATION; Jefferson Sessions, Attorney General; Mike Pompeo, Secretary of State; Christopher A. Wray, Director of the FBI (sued in his official capacity); Charles H. Kable, IV, Director of FBI Terrorism Screening Center (sued in his official capacity); Daniel Coats, Director of National Intelligence (sued in his official capacity); Paul Nakasone, Director of the National Security Agency (sued in his official capacity); David Noordeloos, an FBI Agent (sued in his official and individual capacity); Jason Dundas, an FBI Agent (sued in his individual capacity); National Security Agency; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2018.


Attorney(s) appearing for the Case

Brandon B. Mayfield (argued), Beaverton, Oregon; Gadeir Abbas and Lena Masri , Council on American-Islamic Relations, Washington, D.C.; Thomas H. Nelson , Zigzag, Oregon; for Plaintiff-Appellant.

Joshua Paul Waldman (argued) and Sharon Swingle , Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Before: Johnnie B. Rawlinson, Milan D. Smith, Jr., and Morgan Christen, Circuit Judges.


OPINION

Yonas Fikre sued the United States government, alleging that the Federal Bureau of Investigations violated his substantive and procedural due process rights by placing and maintaining him on the No Fly List. While the suit was pending, the Defendants removed Fikre from the list and the district court dismissed...

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