People’s Mojahedin Organization of Iran v. United States Department of State (PMOI V)
United States Court of Appeals for the District of Columbia Circuit
613 F.3d 220 (2010)
Pursuant to the Antiterrorist and Effective Death Penalty Act of 1996 (AEDPA), an entity must be designated a foreign terrorist organization (FTO) by the United States Secretary of State (Secretary) (defendant) if the Secretary finds that: (1) the entity is foreign; (2) the entity engages in terrorist activities, including hijacking, kidnapping, or the use of explosives or other weapons intending to cause serious injury; and (3) such activity endangers the national security or citizens of the United States. Once designated as an FTO, the FTO's assets may be frozen, members denied entry into the United States, and persons providing support to the FTO may be criminally prosecuted. An entity designated as an FTO may petition for the Secretary for revocation. The Secretary designated the People's Mojahedin Organization of Iran (PMOI) (plaintiff) as an FTO. PMOI petitioned the Secretary for revocation of the designation. After reviewing a record containing both classified and unclassified information submitted by PMOI and the United States government, the Secretary denied PMOI's petition and published the denial in the Federal Register. The Secretary gave PMOI a largely redacted 20-page summary of the Secretary's review of the record. PMOI petitioned the United States Court of Appeals for the District of Columbia Circuit for review of the Secretary's decision, arguing that PMOI was not properly accorded fair notice and an opportunity to respond, in violation of due process requirements.
Rule of Law
Holding and Reasoning (Per Curium)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.