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KASHEM v. BARR

No. 17-35634.

941 F.3d 358 (2019)

Faisal Nabin KASHEM; Raymond Earl Knaeble IV; Amir Meshal; Stephen Durga Persaud, Plaintiffs-Appellants, v. William P. BARR, Attorney General; Christopher A. Wray; Charles H. Kable IV, Director, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 21, 2019.

Attorney(s) appearing for the Case

Hina Shamsi (argued) and Hugh Handeyside , American Civil Liberties Union Foundation, New York, New York; Ahilan T. Arulanantham , American Civil Liberties Union Foundation of Southern California, Los Angeles, California; Steven M. Wilker , Tonkon Torp LLP, Portland, Oregon; Richard M. Steingard , Law Offices of Richard M. Steingard, Los Angeles, California; Joel Leonard , Elliott Ostrander & Preston PC, Portland, Oregon; for Plaintiffs-Appellants.

Joshua Waldman (argued) and Sharon Swingle , Appellate Staff; Billy J. Williams , United States Attorney; Joseph H. Hunt , Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Before: Raymond C. Fisher and Consuelo M. Callahan, Circuit Judges, and Cathy Ann Bencivengo, District Judge.

OPINION

The plaintiffs are on the No Fly List, which prohibits them from boarding commercial aircraft flying to, from or within the United States or through United States airspace. They challenge, under the Due Process Clause of the Fifth Amendment to the United States...

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