MAGASSA v. MAYORKAS

No. 21-35700.

52 F.4th 1156 (2022)

Lassana MAGASSA, Plaintiff-Appellant, v. Alejandro N. MAYORKAS, in his official capacity as Acting Secretary of the Department of Homeland Security; Merrick B. Garland, Attorney General; David Pekoske, in his official capacity as Administrator of the Transportation Security Administration; Christopher Wray, in his official capacity as Director of the Federal Bureau of Investigation; Charles H. Kable IV, Director, in his official capacity as Director of the Terrorist Screening Center; Mark Morgan, in his official capacity as acting Commissioner of US Customs and Border Protection; Minh Truong, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 9, 2022.


Attorney(s) appearing for the Case

Christina A. Jump (argued), Allie J. Hallmark , Alyssa F. Morrison , and Charles D. Swift , Constitutional Law Center for Muslims in America, Richardson, Texas, for Plaintiff-Appellant.

Joshua Dos Santos (argued) and Sharon Swingle , Appellate Staff Attorneys; Nicholas W. Brown , United States Attorney; and Brian M. Boyton , Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; for Defendants-Appellees.

Concurrence by Judge R. Nelson.


OPINION

The Transportation Security Agency revoked the security badge of Lassana Magassa, a Delta Airlines agent, without explanation. Magassa, claiming that the revocation resulted from his refusal to be an FBI informant, sued for violations of the Administrative Procedure Act, 42 U.S.C. § 1981, and due...

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