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TANVIR v. TANZIN

No. 16-1176.

915 F.3d 898 (2019)

Muhammad TANVIR, Jameel Algibhah, Naveed Shinwari, Plaintiffs-Appellants, v. FNU TANZIN, Special Agent, FBI; Sanya Garcia, Special Agent, FBI; John LNU, Special Agent, FBI; Francisco Artusa, Special Agent, FBI; John C. Harley III, Special Agent, FBI; Steven LNU, Special Agent, FBI; Michael LNU, Special Agent, FBI; Gregg Grossoehmig, Special Agent, FBI; Weysan Dun, Special Agent in Charge, FBI; James C. Langenberg, Assistant Special Agent in Charge, FBI; John Doe #1, Special Agent, FBI; John Doe #2, Special Agent, FBI; John Doe #3, Special Agent, FBI; John Doe #4, Special Agent, FBI; John Doe #5, Special Agent, FBI; John Doe #6, Special Agent, FBI, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

February 14, 2019.

Attorney(s) appearing for the Case

For Plaintiffs-Appellants: RAMZI KASSEM ( Naz Ahmad , on the brief), CLEAR Project, Main Street Legal Services, Inc., City University of New York School of Law, Long Island City, NY. Jennifer R. Cowan , Erol Gulay , Sandy Tomasik , Debevoise & Plimpton LLP, New York, NY. Shayana D. Kadidal , Baher Azmy , Center for Constitutional Rights, New York, NY.

For Defendants-Appellees: ELLEN BLAIN , Assistant United States Attorney ( Benjamin H. Torrance , Assistant United States Attorney, on the brief), for Geoffrey S. Berman, United States Attorney for the Southern District of New York, New York, NY.

José A. Cabranes, Circuit Judge, joined by Dennis Jacobs and Richard J. Sullivan, Circuit Judges, dissents by opinion from the denial of rehearing en banc.

Following disposition of this appeal on June 25, 2018, an active judge of the Court requested a poll on whether to rehear the case en banc. A poll having been conducted and there being no majority favoring en bane review, rehearing en banc is hereby DENIED.

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