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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)


Facts

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

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Issue

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Holding and Reasoning (Per Curium)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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