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Latif v. Holder

United States District Court for the District of Oregon
28 F. Supp. 3d 1134 (2014)


Facts

Ayman Latif (plaintiff) was placed on the Federal Bureau of Investigation’s (FBI) No-Fly List. Latif was not formally informed he was on the list but found out at the airport when he was refused entry onto a flight. The FBI placed a person on the No-Fly List if there was reasonable suspicion that the person was a known or suspected terrorist. A person placed on the list could file a complaint with the Department of Homeland Security (DHS). After a review, DHS sent a letter to the complainant. The letter did not confirm or deny whether the person was on the list and did not provide any information as to why the person was denied the right to board or may be on the list. Further, if the person appealed the decision, the government provided information to the adjudicator but no additional information to the appellant. Latif sued the federal government (defendant), claiming that inclusion on the No-Fly List and related procedures violated his Fifth Amendment due-process rights. Latif moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

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