Ibrahim v. Department of Homeland Security

In 2004, an FBI agent accidentally puts a Malaysian grad student on the No Fly List. (In the agent’s defense, the form is not intuitive). After a decade of litigation, the gov’t concedes it knew all along the student was never a threat to national security. Nevertheless, she remains barred from the country. Ninth Circuit (en banc): The gov’t’s conduct has been “ethically questionable.” And the student’s attorneys are probably entitled to more than the $450k the district court ordered the gov’t to pay. Complete victory on one of the student’s claims (procedural due process) doesn’t preclude fees for other claims her attorneys raised (First Amendment and equal protection) that the district court didn’t reach.

Tags: 2019, Due Process, Equal Protection, FBI, First Amendment, Ninth Circuit

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