PHILLIPS v. U.S. CUSTOMS AND BORDER PROTECTION

No. 21-55768.

74 F.4th 986 (2023)

Nora PHILLIPS; Erika Pinheiro; Nathaniel Dennison, Plaintiffs-Appellants, v. U.S. CUSTOMS AND BORDER PROTECTION; Mark Morgan; United States Immigration and Customs Enforcement; Matthew Albence; Federal Bureau of Investigation; Christopher Wray, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 21, 2023.


Attorney(s) appearing for the Case

Mohammad Tajsar (argued), ACLU Foundation of Southern California, Los Angeles, California; R. Alexander Pilmer , Kirkland and Ellis LLP, Los Angeles, California; for Plaintiffs-Appellants.

Thomas G. Pulham (argued), Michael S. Raab , and Joshua M. Salzman , Appellate Staff Attorneys, Civil Division; Lisa Olson ; Stephanie S. Christensen , Acting United States Attorney; Brian M. Boynton , Principal Deputy Assistant Attorney General; United States Department of Justice; Washington, D.C.; for Defendants-Appellees.

Concurrence by Judge Schroeder


OPINION

Nora Phillips, Erika Pinheiro, and Nathaniel Dennison (collectively, plaintiffs) seek to expunge records that were created by several federal agencies as part of a surveillance program in 2018-2019, arguing that the collection and retention of these records violated their constitutional rights. The district...

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