Jifry v. Federal Aviation Administration

370 F.3d 1174 (2004)

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Jifry v. Federal Aviation Administration

United States Court of Appeals for the District of Columbia Circuit
370 F.3d 1174 (2004)

Facts

Tarek Jifry (plaintiff) and Maan Zarie (plaintiff) were citizens of Saudi Arabia who received airman certificates from the Federal Aviation Administration (FAA) (defendant). In January 2003, the FAA and the Transportation Security Administration (TSA) (defendant) published new regulations without following the notice-and-comment procedures. The regulations allowed the FAA to automatically suspend an airman certificate upon notification from the TSA that the pilot posed a security threat. The TSA designated Jifry and Zarie as security threats, and the FAA suspended their airman certificates. The National Transportation Safety Board (NTSB) upheld the suspension of Jifry’s and Zarie’s certificates. Jifry and Zarie appealed.

Rule of Law

Issue

Holding and Reasoning (Rogers, J.)

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