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IBRAHIM v. U.S. DEPT. OF HOMELAND SEC.

Nos. 14-16161, 14-17272.

912 F.3d 1147 (2019)

Dr. Rahinah IBRAHIM, an Individual, Plaintiff-Appellant, v. U.S. DEPARTMENT OF HOMELAND SECURITY; Terrorist Screening Center; Federal Bureau of Investigation; Christopher A. Wray, in His Official Capacity as Director of the Federal Bureau of Investigation; Kirstjen Nielsen, in Her Official Capacity as Secretary of the Department of Homeland Security; Matthew G. Whitaker, in His Official Capacity as Acting Attorney General; Charles H. Kable IV, in His Official Capacity as Director of the Terrorist Screening Center; Jay S. Tabb, Jr., in His Official Capacity as Executive Assistant Director of the FBI's National Security Branch; National Counterterrorism Center; Russell "Russ" Travers, in His Official Capacity as Director of the National Counterterrorism Center; Department of State; Michael R. Pompeo, in His Official Capacity as Secretary of State; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 2, 2019.

Attorney(s) appearing for the Case

Marwa Elzankaly (argued), Jennifer Murakami , Ruby Kazi , Christine Peek , Elizabeth Pipkin , and James McManis , McManis Faulkner , San Jose, California, for Plaintiff-Appellant.

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

Chet A. Kronenberg and JoAnne S. Jennings , Simpson Thacher & Bartlett LLP, Los Angeles, California, for Amici Curiae American Civil Liberties Union of California, Asian Americans Advancing Justice-Asian Law Caucus, Asian Americans Advancing Justice-Los Angeles, Center for Constitutional Rights, Electronic Frontier Foundation, and National Immigration Law Center.

Partial Concurrence and Partial Dissent by Judge Callahan.

OPINION

This appeal arises out of Dr. Rahinah Ibrahim's 2005 detention at the San Francisco International Airport (SFO) while en route to Malaysia with a stopover in Hawaii for a Stanford University conference. U.S. authorities detained Dr. Ibrahim because her name was on the Transportation Security Administration...

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