“Your Honor, we’ve confirmed that the defendants did nothing to deny plaintiff’s daughter boarding. It’s our understanding that she just simply missed her flight.” Neither the public, nor Dr. Rahinah Ibrahim, nor her daughter, Seattle-born U.S. citizen Raihan binti Mustafa Kamal, yet know why a U.S. Customs and Border Protection Officer sent the email message […]
Judge William Alsup convened day five of the trial in Ibrahim v. DHS — the first lawsuit challenging a U.S. government “no-fly” order to make it to trial — on Friday morning with the announcement that, “I received this additional material about the [plaintiff’s] daughter and her attempts to come here.” But as he said […]
[Courtroom sketches of Judge Alsup (left, rear), plaintiff’s expert witness Prof. Sinnar (top right), Special Agent Lubman (FBI Terrorist Screening Center, center right), and Mr. Cooper (State Department, lower right) by kind permission of Jackson West, jacksonwest.com. Some rights reserved, CC BY 3.0 US.”] Day four of the trial in Ibrahim v. DHS — the […]
There’s been an argument on Twitter about whether we should have described the treatment of Dr. Rahinah Ibrahim — the plaintiff in the first lawsuit challenging a US government no-fly order to make it to trial — as “Orwellian” or “Kafkaesque”. We’re inclined to agree with those who say, “But it’s both.” True to form, […]
Dr. Rahinah Ibrahim’s lead counsel, Elizabeth Pipkin, opened the second day of trial of Dr. Ibrahim’s lawsuit against the government for putting her on its “no-fly” list without due process with an update on Dr. Ibrahim’s eldest daughter, U.S.-born U.S. citizen Rainan Mustafa Kamal, who was denied permission by the DHS to board a flight […]
The Federal civil rights trial in Ibrahim v. DHS — the first lawsuit seeking judicial review of a government “no-fly” order to make it to trial — began this morning in San Francisco with a surprise: When the case was called at 7:30 a.m., Elizabeth Pipkin and Christine Peek, pro bono lawyers for the plaintiff […]
For the first time ever, a lawsuit challenging a U.S. government “no-fly” order goes to trial on Monday. The U.S. government issues “no-fly” orders (or “no-board recommendations“, of which there were almost 10,000 last year) to airlines, forbidding common carriers from transporting specified persons. The administrative decisions to issue these orders are made in secret, […]
In an important victory for judicial review of no-fly orders, the 4th Circuit Court of Appeals has rejected the government’s motion to dismiss the case brought by Gulet Mohamed, overturned the transfer of the case from the District (trial) Court to the Court of Appeals, and sent the case back to the District Court for […]
Former Secretary of Homeland Security Chertoff said repeatedly in public speeches that government “no-fly” orders should not be subject to judicial review, and that has remained the position of the Obama Administration whenever the issue has been raised in lawsuits by people who have been prevented from flying. Rather than defend its decisions in the […]
What’s been most noteworthy in DHS legal arguments in “no-fly” and other related cases isn’t that the government has tried to argue in defense of intrusive and repressive surveillance and control of travel. Instead, the consistent strategy of the DHS has been to argue (1) that it doesn’t have to give any arguments or evidence […]