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ANIBOWEI v. MORGAN

No. 20-10059.

70 F.4th 898 (2023)

George ANIBOWEI, Plaintiff-Appellant, v. Mark A. MORGAN, Acting Commissioner of U.S. Customs and Border Protection, in his official capacity; Merrick Garland, U.S. Attorney General; Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security; Tae D. Johnson, Acting Director, U.S. Immigration and Customs Enforcement; David Pekoske, in his official capacity as Administrator of the Transportation Security Administration; United States Department of Homeland Security; United States Customs and Border Protection; United States Immigration and Customs Enforcement; Transportation Security Administration, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED June 19, 2023.

Attorney(s) appearing for the Case

Andrew T. Tutt , Jayce Born , Arnold & Porter Kaye Scholer, L.L.P., Washington, DC, Dustin Wade Rynders , Texas Civil Rights Project, Houston, TX, for Plaintiff-Appellant.

Brian Walters Stoltz , Sarah Elizabeth Delaney , U.S. Attorney's Office, Northern District of Texas, Dallas, TX, for Defendants-Appellees.

Sophia Sabrina Cope , Electronic Frontier Foundation, San Francisco, CA, for Amicus Curiae Electronic Frontier Foundation.

Alan Butler , Electronic Privacy Information Center (EPIC), Washington, DC, for Amicus Curiae Electronic Privacy Information Center.

Blaine H. Evanson , Gibson, Dunn & Crutcher, L.L.P., Irvine, CA, for Amici Curiae R Street Institute, Cato Institute.

Before Richman, Chief Judge, and King and Engelhardt, Circuit Judges.

George Anibowei alleges that government agents searched his cell phone at the border without a warrant on at least five occasions, and that agents copied data from his cell phone at least once. Anibowei sued the U.S. Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), U.S. Immigration...

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