Case: Mohamed v. Holder

1:11-cv-00050 | U.S. District Court for the Eastern District of Virginia

Filed Date: Jan. 18, 2011

Clearinghouse coding complete

Case Summary

The plaintiff was a naturalized U.S. Citizen denied boarding to a flight from Kuwait to the United States because of his alleged inclusion on the No Fly List. On January 18, 2011, he filed a lawsuit in the U.S. District Court for the Eastern District of Virginia against the Department of Homeland Security ("DHS"), the Federal Bureau of Investigation ("FBI"), the Transportation and Security Administration ("TSA"), and the Terrorist Screening Center ("TSC"), which created and maintained the No Fl…

The plaintiff was a naturalized U.S. Citizen denied boarding to a flight from Kuwait to the United States because of his alleged inclusion on the No Fly List. On January 18, 2011, he filed a lawsuit in the U.S. District Court for the Eastern District of Virginia against the Department of Homeland Security ("DHS"), the Federal Bureau of Investigation ("FBI"), the Transportation and Security Administration ("TSA"), and the Terrorist Screening Center ("TSC"), which created and maintained the No Fly List. The plaintiff, represented by the Council on American Islamic Relations, alleged that his placement on the No Fly List constituted: (1) a violation of his right as a United States citizen to reside in the United States and re-enter it from abroad; (2) unlawful agency action in violation of the Administrative Procedure Act; and (3) a denial of procedural due process under the Fifth Amendment. The plaintiff sought injunctive relief requiring defendants to remove him from the No-Fly List; inform him of the grounds for his inclusion on the No-Fly List; and provide him with an opportunity to rebut his inclusion. The plaintiff also sought monetary damages, attorneys' fees and costs, and a declaration that the defendants violated his rights. The case was assigned to Judge Anthony J. Trenga.

Contemporaneously with the complaint, the plaintiff also filed an emergency motion with respect to his alleged inability to return to the U.S. from Kuwait. The relief requested in the motion became moot, however, when the plaintiff was permitted to return to the U.S. on January 21, 2011.

On June 3, 2011, the defendants filed a motion to dismiss based on lack of subject matter jurisdiction, claiming that jurisdiction to hear the plaintiff’s claims lies exclusively in the U.S. Court of Appeals under 49 U.S.C. § 46110, which gave the U.S. Court of Appeals exclusive jurisdiction over challenges to certain orders of the TSA. Judge Trenga agreed and held that it lacked jurisdiction to consider the plaintiff's challenge to past or future restrictions on his ability to travel because such claims are "inescapably intertwined" with the review of TSA orders. 2011 WL 3820711. Instead of dismissing the plaintiff's claims, however, the court transferred the plaintiff's claims to the U.S. Court of Appeals for the Fourth Circuit.

Before the U.S. Court of Appeals for the Fourth Circuit, the plaintiff contended that the district court did have jurisdiction, and thus, requested that his claims be remanded. On May 28, 2013, the Fourth Circuit agreed. In an order signed by the Court's clerk, the Fourth Circuit explained that 49 U.S.C. § 46110 did not evidence Congress' intent to exclude the plaintiff's challenge to past and future restricts on his ability to travel from consideration in the district court.

On remand, the defendants again filed a motion to dismiss, contending that the plaintiff's claims must be dismissed because he failed to exhaust administrative remedies, that he lacked standing, that his claims were not ripe for adjudication, and that he failed to state a claim for which relief may be granted.

On January 22, 2014, Judge Trenga granted in part and denied in part the defendants' motion. 2014 WL 243115. The Court held that the plaintiff was not required to exhaust administrative remedies, had standing, and that his claims were ripe. The Court then dismissed a portion of the plaintiff's first claim for relief, concluding that four to five day delay that the the plaintiff experienced in his ability to reenter the U.S. did not unduly burden his rights such that it constituted a constitutional deprivation. The court, however, found that the plaintiff's broader allegations in his first claim for relief of present and future harms from his inability to fly were sufficient to withstand the motion to dismiss. The court also held that plaintiff's procedural due process claim was sufficient to withstand the motion to dismiss as the plaintiff did not receive any notice of his inclusion or reasons for his inclusion. The parties then engaged in discovery for the next year.

On December 9, 2014, the plaintiff moved for partial summary judgment as to his procedural due process claim. The plaintiff claimed that the defendants failed to provide him with a meaningful opportunity to challenge his inclusion on the No Fly List, either before or after his inclusion, depriving him of various liberty interests. The defendants contended that the redress process established through the DHS Traveler Redress Inquiry Program ("TRIP") was constitutionally sufficient. On July 16, 2015, the court issued an order partially granting the plaintiff's motion for summary judgment. Specifically, the court concluded that the plaintiff was denied his Fifth Amendment right to an adequate opportunity to challenge his inclusion on the No Fly List.

On April 13, 2015, the defendants filed a notice stating the government's new redress procedures for claims submitted through DHS regarding denial of boarding on a covered aircraft, and that these new procedures would be available to the plaintiff should he wish to use them.

The plaintiff filed a fifth amended complaint on December 28, 2015. On March 3, 2016, using arguments that are unavailable on the docket, the defendants moved for summary judgment of the plaintiff’s substantive due process and non-delegation claims of the fifth amended complaint. That same day, the plaintiff moved for summary judgment of those same claims, arguing that the No Fly List interfered with his fundamental right of movement and was not narrowly tailored and that the No Fly List was operating in the absence, and in some ways against, the wishes of Congress.

On July 20, 2017, Judge Trenga granted the defendants’ motion for partial summary judgment and denied the plaintiff’s. The court concluded that the No Fly List was not unconstitutional on substantive due process grounds because it was not unlawful under the non-delegation doctrine nor did it exceed agency authority. As such, the court entered judgment in favor of the United States and against the plaintiff.

The plaintiff appealed this decision to the United States Court of Appeals for the Fourth Circuit. Not long after, however, the plaintiff voluntarily dismissed this appeal and the Fourth Circuit obliged on December 21, 2017. There are no pending motions or appeals so the case is presumably closed.

Summary Authors

Michael Mirdamadi (5/11/2014)

Virginia Weeks (10/19/2016)

Jake Parker (7/2/2018)

Related Cases

Elhady v. Piehota, Eastern District of Virginia (2016)

Abdi v. Wray, District of Utah (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4970045/parties/mohamed-v-holder/


Judge(s)

Nachmanoff, Michael Stefan (Virginia)

Trenga, Anthony John (Virginia)

Attorneys(s) for Plaintiff

Abbas, Gadeir Ibrahim (District of Columbia)

Al-Khalili, Nadhira Bint Faisal (District of Columbia)

Jabbar, Munia (District of Columbia)

Kraut, Nina (District of Columbia)

Attorneys(s) for Defendant

Boente, Dana J. (District of Columbia)

Coppolino, Anthony J. (District of Columbia)

Folio, Joseph C III (District of Columbia)

Mizer, Benjamin C. (District of Columbia)

Judge(s)

Nachmanoff, Michael Stefan (Virginia)

Trenga, Anthony John (Virginia)

Attorneys(s) for Plaintiff

Abbas, Gadeir Ibrahim (District of Columbia)

Al-Khalili, Nadhira Bint Faisal (District of Columbia)

Jabbar, Munia (District of Columbia)

Kraut, Nina (District of Columbia)

Attorneys(s) for Defendant

Boente, Dana J. (District of Columbia)

Coppolino, Anthony J. (District of Columbia)

Folio, Joseph C III (District of Columbia)

Mizer, Benjamin C. (District of Columbia)

Sher, R. Joseph (District of Columbia)

Singer, Samuel M (District of Columbia)

Wetzler, Lauren A. (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 21, 2017 Docket
1

Complaint For Injunctive and Declaratory Relief

Jan. 18, 2011 Complaint
11

Defendants’ Memorandum In Support Of Motion To Dismiss

March 21, 2011 Pleading / Motion / Brief
15

Defendants’ Reply In Support Of Motion To Dismiss

April 11, 2011 Pleading / Motion / Brief
19

Order

April 29, 2011 Order/Opinion
23

Defendants’ Memorandum In Support Of Motion To Dismiss Plaintiff's Second Amended Complaint

June 3, 2011 Pleading / Motion / Brief
31

Memorandum Opinion (Dismissing Plaintiff's Claim)

2011 WL 3820711

Aug. 26, 2011 Order/Opinion
44

Order (Dismissing Action without Prejudice)

March 2, 2012 Order/Opinion
45

Order (Granting Mohamed's Motion to Remand, Vacating Order Transferring Claim, Denying Motion to Dismiss)

May 28, 2013 Order/Opinion
59

Defendants’ Memorandum In Support Of Motion To Dismiss Plaintiff's Third Amended Complaint

Sept. 27, 2013 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4970045/mohamed-v-holder/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

Set Deadlines as to 3 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. Motion Hearing set for 1/18/2011 at 02:00 PM before District Judge Anthony J Trenga. (klau, )

Jan. 18, 2011 PACER
1

COMPLAINT against Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III ( Filing fee $ 350 receipt number 14683018860.), filed by Gulet Mohamed. (Attachments: # (1) Civil Cover Sheet, # (2) Receipt)(klau, )

1 Civil Cover Sheet

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2 Receipt

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Jan. 18, 2011 PACER
2

Summons Issued and given to attorney for service by Certified Mail as to Timothy J. Healy, Eric H. Holder, Jr ( U.S. Attorney General), Robert S. Mueller, III, and U.S. Attorney (klau, )

Jan. 18, 2011 PACER
3

EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction by Gulet Mohamed. (told to Notice) (Attachments: # (1) Proposed Order)(klau, )

1 Proposed Order

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Jan. 18, 2011 PACER
4

Memorandum in Support re [3] Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Gulet Mohamed. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(klau, )

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Jan. 18, 2011 PACER
5

ORDER re [3] Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Gulet Mohamed,ORDERED that this matter be, and the same hereby is, set for hearing on Tuesday, January 18, 2011, at 2:00 p.m.. Signed by District Judge Anthony J Trenga on 1/18/11. (klau, )

Jan. 18, 2011 PACER
6

Minute Entry for proceedings held before District Judge Anthony J Trenga: Motion Hearing held on 1/18/2011 re [3] MOTION for Temporary Restraining Order filed by Gulet Mohamed:Appearance of Nadhira Al-Khalili and Gadeir Abbas (Pro Hac pending) for the Plaintiff and Joseph Sher, Diane Kelleher and Amy Powell for the Defendants. Motion argued and CONTINUED until 1/20/2011 at 02:00 PM before District Judge Anthony J Trenga. (Court Reporter A. Thomson) (kbro)

Jan. 18, 2011 PACER
7

ORDER granting application for Gadeir Ibrahim Abbas to appear Pro hac vice Filing fee $ 50, receipt number 14683018869.. Signed by District Judge Anthony J Trenga on 1/18/11. (Attachments: # (1) Receipt)(klau, )

1 Receipt

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Jan. 18, 2011 PACER
8

AMENDED COMPLAINT Verified Complaint against Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III, filed by Gulet Mohamed. (Attachments: # (1) Affidavit Affidavit of Liban Mohamed, # (2) Affidavit Affidavit of Mohad Mohamed Page 2 of 3)(Al-Khalili, Nadhira)

1 Affidavit Affidavit of Liban Mohamed

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2 Affidavit Affidavit of Mohad Mohamed Page 2 of 3

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Jan. 20, 2011 PACER
9

Minute Entry for proceedings held before District Judge Anthony J Trenga: Motion Hearing held on 1/20/2011 re [3] MOTION for Temporary Restraining Order filed by Gulet Mohamed:Plaintiff appeared through: Gadeir Abbas (Pro Hac) and Nadhira Bint Faisal Al-Khalili. Defts appeared through: Joseph Sher, Paul Freeborne and Lily Fael. Motion argued and Gov't advised the Court that Mohamed is scheduled to leave the detention center in Kuwait today at 2 p.m. and fly out at 4:45 p.m. in route to the US. Pltf continued to request that the Court enter a TRO removing Mohamed from the Do Not Fly List and allow him to return to the US. Gov't to confirm to Pltf whether or not the Pltf was permitted to board the flight to the US. If Mohamed does not arrive by tomorrow a.m., Pltf to contact the Court and the Court will set a hearing for 9 a.m. tomorrow morning, 01/21/2011.(Court Reporter T. Westfall) (kbro)

Jan. 20, 2011 PACER
10

MOTION to Dismiss or for Summary Judgment by Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III. (Attachments: # (1) Affidavit Declaration of Mark Giuliano, # (2) Affidavit Declaration of Laura Lynch, # (3) Affidavit Declaration of Christopher Piehota)(Sher, R.)

1 Affidavit Declaration of Mark Giuliano

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2 Affidavit Declaration of Laura Lynch

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3 Affidavit Declaration of Christopher Piehota

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March 21, 2011 PACER
11

Memorandum in Support re [10] MOTION to Dismiss or for Summary Judgment filed by Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III. (Attachments: # (1) Exhibit Unpublished Decision in Scherfen v. DHS)(Sher, R.)

1 Exhibit Unpublished Decision in Scherfen v. DHS

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March 21, 2011 PACER
12

Notice of Hearing Date April 29, 2011 re [10] MOTION to Dismiss or for Summary Judgment (Sher, R.)

March 21, 2011 PACER

Set Deadlines as to 10 MOTION to Dismiss or for Summary Judgment. Motion Hearing set for 4/29/2011 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, )

March 22, 2011 PACER
13

RESPONSE in Opposition re [10] MOTION to Dismiss or for Summary Judgment Motion for Response in Opposition to Defendants' Motion to Dismiss filed by Gulet Mohamed. (Al-Khalili, Nadhira)

April 4, 2011 PACER
14

RESPONSE in Opposition re [10] MOTION to Dismiss or for Summary Judgment filed by Gulet Mohamed. (Al-Khalili, Nadhira)

April 4, 2011 PACER
15

REPLY to Response to Motion re [10] MOTION to Dismiss or for Summary Judgment filed by Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III. (Sher, R.)

April 11, 2011 PACER
16

MOTION for Leave to File Second Amended Complaint by Gulet Mohamed. (Attachments: # (1) Memorandum of Law in Support of Motion for Leave)(Al-Khalili, Nadhira)

1 Memorandum of Law in Support of Motion for Leave

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April 28, 2011 PACER
17

AMENDED COMPLAINT Proposed against Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III, Unknown Agents, Unknown TSC Agents, filed by Gulet Mohamed.(Al-Khalili, Nadhira)

April 28, 2011 PACER

Notice of Correction re 17 Amended Complaint.- The filing user has been notified that the proposed amended complaint should have been an attachment to 16 motion for leave to file. (tche)

April 29, 2011 PACER
18

Minute Entry for proceedings held before District Judge Anthony J Trenga: Motion Hearing held on 4/29/2011 re [10] MOTION to Dismiss or for Summary Judgment filed by Timothy J. Healy, Robert S. Mueller, III, Eric H. Holder, Jr.:Appearances of counsel for Pltf and Deft. Motion argued and GRANTED w/ leave to amend. Court to reserve on jurisdictional issues. Pltf to allege the facts for standing and jurisdiction and which aspect of the Do Not Fly List that is being challenged. [16] MOTION for Leave to File Second Amended Complaint filed by Gulet Mohamed is MOOT.Order to follow. (Court Reporter R. Wilson) (kbro)

April 29, 2011 PACER
19

ORDERED that defendants* Motion to Dismiss [Doc. No. [10]] be. and the same hereby is, GRANTED, with leave to file a revised amended complaint, with additional parties to be joined as required, within twenty-one (21) days, consistent with the requirements set forth in this Order, if he be so advised: and the Court reserves with respect to the issues of standing, mootness, jurisdiction pursuant to 49 U.S.C. ยง 46110(a), and exhaustion, as well as the merits of the underlying substantive issues raised by the Amended Complaint, pending the filing of any revised amended complaint. Signed by District Judge Anthony J Trenga on 4/29/2011. (tche)

April 29, 2011 PACER
20

AMENDED COMPLAINT against Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III, Unknown Agents, Unknown TSC Agents, filed by Gulet Mohamed.(Al-Khalili, Nadhira)

May 20, 2011 PACER

Notice of Correction re 20 Amended Complaint. The document is unsigned, the filing user has been notified to file a signed document. (rban, )

May 23, 2011 PACER
21

SECOND AMENDED COMPLAINT [CORRECTED] against Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III, Unknown Agents, Unknown TSC Agents, filed by Gulet Mohamed.(Al-Khalili, Nadhira)

May 24, 2011 PACER
22

MOTION to Dismiss by Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III. (Attachments: # (1) Affidavit Declaration of Christopher Piehota, # (2) Affidavit Declaration of Mark F. Giuliano, # (3) Affidavit Declaration of Laura Lynch)(Sher, R.)

1 Affidavit Declaration of Christopher Piehota

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2 Affidavit Declaration of Mark F. Giuliano

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3 Affidavit Declaration of Laura Lynch

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June 3, 2011 PACER
23

Brief in Support to [22] MOTION to Dismiss filed by Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III. (Attachments: # (1) Supplement Copy of Unpublished Opinion in Latif v Holder, # (2) Supplement Copy of unpublished opinion in Redfern v. Napolitano, # (3) Supplement Copy of unpublished opinion in Sherfen v. DHS)(Sher, R.)

1 Supplement Copy of Unpublished Opinion in Latif v Holder

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2 Supplement Copy of unpublished opinion in Redfern v. Napolitano

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3 Supplement Copy of unpublished opinion in Sherfen v. DHS

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June 3, 2011 PACER
24

Notice of Hearing Date set for 7/22/2011 re [22] MOTION to Dismiss (Sher, R.)

June 3, 2011 PACER

Set Deadlines as to 22 MOTION to Dismiss. Motion Hearing set for 7/22/2011 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, )

June 6, 2011 PACER
25

MOTION for Extension of Time to File Response/Reply by Gulet Mohamed. (Attachments: # (1) Proposed Order)(Al-Khalili, Nadhira)

1 Proposed Order

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June 10, 2011 PACER

Reset Deadline as to 22 MOTION to Dismiss. - Motion Hearing set for 7/29/2011 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (tche)

June 15, 2011 PACER
26

ORDER granting [25] Motion for Extension of Time to File Response re [22] MOTION to Dismiss. ORDERED that the Plaintiff's Motion for Extention of Time to File a Response to Defendants' Motion to Dismiss and to Reschedule the July 22, 2011 Hearing is GRANTED. Plaintiff shall have until Friday, July 1, 2011 to file his response to the Motion to Dismiss. Defendants shall have until Friday, July 15, 2011 to file a reply, if any. A hearing on the Motion to Dismiss shall be held on Friday, July 29, 2011. Signed by District Judge Anthony J Trenga on 6/15/2011. (tche)

June 15, 2011 PACER
27

RESPONSE in Opposition re [22] MOTION to Dismiss filed by Gulet Mohamed. (Al-Khalili, Nadhira)

July 1, 2011 PACER
28

RESPONSE in Opposition re [22] MOTION to Dismiss filed by Gulet Mohamed. (Al-Khalili, Nadhira)

July 1, 2011 PACER
29

REPLY to Response to Motion re [22] MOTION to Dismiss filed by Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III. (Sher, R.)

July 15, 2011 PACER
30

Minute Entry for proceedings held before District Judge Anthony J Trenga: Motion Hearing held on 7/29/2011 re [22] MOTION to Dismiss filed by Timothy J. Healy, Robert S. Mueller, III, Eric H. Holder, Jr.:Appearances of counsel for Pltf and Deft. Motion argued and TAKEN UNDER ADVISEMENT.Order to follow. (Court Reporter R. Montgomery) (kbro)

July 29, 2011 PACER
31

MEMORANDUM OPINION re: [22] Motion to Dismiss filed by defendants Eric H. Holder, Jr., Attorney General of the United States, Robert S. Mueller, III, Director of the Federal Bureau of Investigation, and Timothy J. Healy, Director of the Terrorist Screening Center (collectively, the "Official Capacity Defendants").Signed by District Judge Anthony J Trenga on 08/26/2011. (kbro)

Aug. 26, 2011 RECAP
32

ORDER re: [22] Motion to Dismiss filed by defendants Eric H. Holder, Jr., Attorney General of the United States, Robert S. Mueller, III, Director of the Federal Bureau of Investigation, and Timothy J. Healy, Director of the Terrorist Screening Center (collectively, the "Official Capacity Defendants"):Upon consideration of the Motion, the memoranda and exhibits in support thereof and in opposition thereto, and the arguments of counsel at a hearing on July 29, 2011, and for the reasons stated in the accompanying Memorandum Opinion, it is herebyORDERED that the Motion be, and the same hereby is, GRANTED in part and DENIED in part. Plaintiff's claims against the Official Capacity Defendants based solely on plaintiff's alleged inclusion in the Terrorist Screening Database and the "No-Fly List" are hereby DISMISSED. Those remaining portions of Counts I, II and V asserted against the Official Capacity Defendants and defendant "Unknown TSC Agents" are hereby TRANSFERRED to the United States Court of Appeals for the Fourth Circuit. The Motion is otherwise DENIED. (kbro )

Aug. 26, 2011 RECAP

Pleadings 1,8,17,20,21,22,23,31,32 Transferred to U.S. Court of Appeals pursuant to order of 8/26/11. (nmck, )

Aug. 29, 2011 PACER
33

SCHEDULING ORDER: Initial Pretrial Conference set for 9/28/2011 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Thomas Rawles Jones Jr. Discovery due by 1/13/2012. Final Pretrial Conference set for 1/19/2012 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. Signed by District Judge Anthony J Trenga on 9/1/2011. (Attachments: # (1) Pretrial Notice, # (2) Alexandria Magistrate Judge Consent Form)(stas)

1 Pretrial Notice

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2 Alexandria Magistrate Judge Consent Form

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Sept. 1, 2011 PACER
34

Minute Entry for proceedings held before Magistrate Judge Thomas Rawles Jones, Jr: Initial Pretrial Conference held on 9/28/2011. Appearance of counsel for pltf and for the government (who is not representing the remaining parties at this time). No Discovery plan filed - Court will not require one be filed at this time. Order to issue. (cmar, )

Sept. 28, 2011 PACER
35

Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: a) Parties shall deliver to my chambers (not to the Clerks office) a copy of every non-dispositive motion and every document relating to such a motion within one business day of filing it. b) Rule 26(a) disclosures, depositions, interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of the court, or for use in a motion or at trial. c) Any motion to amend the pleadings or to join a party shall be made as soon as possible after counsel becomes aware of the grounds for the motion. d) Unless the parties submit a consent order under Local Rule 26(D)(1), expert discovery shall be governed by Local Rule 26(D)(2-4). (SEE ORDER FOR DETAILS.) Signed by Magistrate Judge Thomas Rawles Jones, Jr on 09/28/11. (cmar, )

Sept. 28, 2011 PACER
36

STATUS REPORT by Eric H. Holder, Jr. (Sher, R.)

Jan. 18, 2012 PACER
37

Unopposed Emergency MOTION to Continue Final Pretrial Conference Hearing for January 19, 2012 by Gulet Mohamed. (Al-Khalili, Nadhira) Modified text on 1/18/2012 (klau, ).

Jan. 18, 2012 PACER
38

ORDER that the [37]Unopposed Emergency Motion to Continue Final Pretrial Conference be, and the same hereby is, DENIED. Signed by District Judge Anthony J Trenga on 1/18/12. (klau, )

Jan. 18, 2012 PACER
39

Minute Entry for proceedings held before District Judge Anthony J Trenga: Final Pretrial Conference held on 1/19/2012:Appearances of counsel for Pltf and Deft. The Court sees no justification for the delays that have happened in this case. If counsel wants to file a motion for a third party complaint or to extend discovery or if counsel wants to agree to some sort of stipulation, counsel may do so. Motions will likely be referred to the Magistrate Judge. Bench Trial set for 3/19/2012 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (Court Reporter R. Montgomery) (kbro)

Jan. 19, 2012 PACER
40

ORDER that within 10 days of this Order, the Plaintiffs file a response to this Order that shows cause, if any there be, why this case should not be dismissed pursuant to Fed. R. Civ. P. 4(m). Signed by District Judge Anthony J Trenga on 2/16/2012. (klau, )

Feb. 16, 2012 PACER
41

Response to Show Cause Order filed by Gulet Mohamed. (Al-Khalili, Nadhira)

Feb. 27, 2012 PACER
42

Unopposed MOTION for Leave to File the Third Amended Complaint and Join Necessary Parties by Gulet Mohamed. (Attachments: # (1) Proposed Third Amended Complaint)(Al-Khalili, Nadhira) Modified text on 2/29/2012 (klau, ).

1 Proposed Third Amended Complaint

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Feb. 28, 2012 PACER
43

Reply to the Plaintiff's Response to the Order to Show Cause and Response to re [42] MOTION for Leave to File the Third Amended Complaint, filed by Eric H. Holder, Jr. (Sher, R.) Modified text on 3/1/2012 (klau, ).

Feb. 29, 2012 PACER
44

ORDERED that this action be, and the same hereby is, DISMISSED without prejudice pursuant to Fed. R. Civ. P. 4(m). Signed by District Judge Anthony J Trenga on 3/2/2012. (rban, )

March 2, 2012 PACER
45

ORDER of the USCA granting Mohamed's motion to remand, vacate the portion of the district court's order transferring claims, and remand for proceedings consistent with this order; denying respondents' motion to dismiss. (rban, )

May 28, 2013 PACER
46

JUDGMENT of the USCA. In accordance with the decision of this court, this case is remanded to the district court for further proceedings. This judgment shall take effect upon issuance of this court's mandate in accordance with FRAP 41. (rban, )

May 28, 2013 PACER
47

USCA Mandate. The judgment of this court, entered 5/28/2013, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of FRAP. (rban, )

July 22, 2013 PACER
48

Motion to appear Pro Hac Vice by Amy E. Powell and Certification of Local Counsel R. Joseph Sher, AUSA by Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III. (Sher, R.)

July 29, 2013 PACER
49

ORDER granting [48] Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 7/30/13. (klau, )

July 30, 2013 PACER
50

ORDERED that a status conference will be held on 8/16/2013 at 10AM; that each party submit on or before 8/14/2013, a report that specifies what claims it contends are currently pending before the Court for resolution, any procedurall or evidentiary issues particular to this case, including, without limitation, those pertaining to classified information, and any other issues that the party things need to be addressed or should be brought to the attention of the Court. Signed by District Judge Anthony J Trenga on 8/6/2013. (rban, )

Aug. 6, 2013 PACER
51

STATUS REPORT by Eric H. Holder, Jr. (Sher, R.)

Aug. 14, 2013 PACER
52

STATUS REPORT by Gulet Mohamed. (Al-Khalili, Nadhira)

Aug. 14, 2013 PACER
53

Minute Entry for proceedings held before District Judge Anthony J Trenga:Status Conference held on 8/16/2013:Appearances of counsel for Pltf and Defts. The Court GRANTED the Pltf's request to file an Amended Complaint and imposed the following schedule as agreed to by the Parties: Amended Complaint to be filed by: 08/29/2013; Gov't Motion to Dismiss to be filed by: 09/27/2013. Court will permit it to be filed as a Motion for Reconsideration or it can be incorporated into their Motion to Dismiss. Pltf's response due by: 10/18/2013; Reply due by: 11/01/2013; Motion Hearing set for 11/15/2013 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (Court Reporter R. Montgomery)(kbro)

Aug. 16, 2013 PACER
54

AMENDED COMPLAINT against Timothy J. Healy, Eric H. Holder, Jr(in his official capacity as Attorney General of the United States), Eric H. Holder, Jr, Robert S. Mueller, III, filed by Gulet Mohamed.(Abbas, Gadeir)

Aug. 29, 2013 PACER
55

MOTION to Withdraw as Attorney Nadhira Al-Khalili by Gulet Mohamed. (Al-Khalili, Nadhira)

Sept. 11, 2013 PACER

Notice of Correction re 55 MOTION to Withdraw as Attorney Nadhira Al-Khalili, The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument (klau, )

Sept. 12, 2013 PACER
56

Waiver of re [55] MOTION to Withdraw as Attorney Nadhira Al-Khalili Notice of Waiver of Oral Argument by Gulet Mohamed (Al-Khalili, Nadhira)

Sept. 16, 2013 PACER
57

ORDER granting [55] Motion to Withdraw as Attorney. Attorney Nadhira Bint Faisal Al-Khalili terminated. Signed by Magistrate Judge Thomas Rawles Jones, Jr on 9/18/13. (klau, )

Sept. 18, 2013 PACER
58

Third MOTION to Dismiss Plaintiff's Third Amended Complaint by Eric H. Holder, Jr. (Sher, R.) Modified text on 9/30/2013 (klau, ).

Sept. 27, 2013 PACER
59

Memorandum in Support re [58] Third MOTION to Dismiss filed by Eric H. Holder, Jr. (Sher, R.)

Sept. 27, 2013 PACER

Notice of Correction re 58 Third MOTION to Dismiss, The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument (klau, )

Sept. 30, 2013 PACER
60

CERTIFICATE of Service re [58] Third MOTION to Dismiss by R. Joseph Sher on behalf of Eric H. Holder, Jr (Sher, R.)

Sept. 30, 2013 PACER

Notice of Correction re 60 Certificate of Service, An incomplete document was filed. The filing user has been notified to refile the document. (klau, )

Oct. 1, 2013 PACER
61

CERTIFICATE of Service re [58] Third MOTION to Dismiss by R. Joseph Sher on behalf of Eric H. Holder, Jr (Sher, R.)

Oct. 1, 2013 PACER
62

MOTION for Leave to File Excess Pages by Gulet Mohamed. (Abbas, Gadeir)

Oct. 15, 2013 PACER

Notice of Correction re 62 MOTION for Leave to File Excess Pages, The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument.(klau, )

Oct. 16, 2013 PACER
63

RESPONSE to Motion re [62] MOTION for Leave to File Excess Pages filed by Eric H. Holder, Jr. (Sher, R.)

Oct. 16, 2013 PACER
64

ORDER granting [62] Motion for Leave to File Excess Pages, and Plaintiff's Opposition to Defendants' Motion to Dismiss may contain up to thirty-seven (37) pages; and it is further ORDERED that, should the defendants choose to file a rebuttal to plaintiff's Opposition to Defendants' Motion to Dismiss, such rebuttal may contain up to twenty-five (25) pages.. Signed by District Judge Anthony J Trenga on 10/16/13. (ltun)

Oct. 16, 2013 PACER
65

MOTION for Extension of Time to File Response/Reply as to [58] Third MOTION to Dismiss by Eric H. Holder, Jr. (Attachments: # (1) Proposed Order)(Sher, R.)

1 Proposed Order

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Oct. 18, 2013 PACER
66

RESPONSE in Opposition re [58] Third MOTION to Dismiss filed by Gulet Mohamed. (Attachments: # (1) Memorandum of Law, # (2) Affidavit, # (3) Exhibit, # (4) Exhibit, # (5) Exhibit, # (6) Exhibit, # (7) Exhibit, # (8) Exhibit)(Abbas, Gadeir)

1 Memorandum of Law

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2 Affidavit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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Oct. 18, 2013 PACER
67

ORDER granting [65] Motion for Extension of Time to File Response/Reply. ORDERED that Defendants file a Reply Memorandum on or before the close of business on November 6, 2013. Signed by District Judge Anthony J Trenga on 10/18/13. (klau, ) Modified on 10/21/2013 to correct the filed date (klau, ).

Oct. 18, 2013 PACER

Notice of Correction re 66 Response in Opposition to Motion, The filing user has been notified to file the memorandum in support separately and link it to the motion. (klau, )

Oct. 21, 2013 PACER
68

REPLY to Response to Motion re [58] Third MOTION to Dismiss filed by Eric H. Holder, Jr. (Sher, R.)

Nov. 6, 2013 PACER
69

Minute Entry for proceedings held before District Judge Anthony J Trenga:Motion Hearing held on 11/15/2013 re [58] Third MOTION to Dismiss filed by Eric H. Holder, Jr.: Appearances of counsel for Pltf and Defts. Motion argued and TAKEN UNDER ADVISEMENT.Order to follow. (Court Reporter R. Montgomery)(kbro)

Nov. 15, 2013 PACER
70

MEMORANDUM OPINION. Signed by District Judge Anthony J Trenga on 1/22/2014. (rban, )

Jan. 22, 2014 RECAP
71

ORDER granting in part and denying in part [58] Motion to Dismiss. ORDERED that Plaintiff's claim that he was denied his constitutional right of reentry in January 2011 is hereby DISMISSED, and the motion is otherwise DENIED. Signed by District Judge Anthony J Trenga on 1/22/2014. (rban, )

Jan. 22, 2014 PACER
72

SCHEDULING ORDER:Initial Pretrial Conference set for 2/12/2014 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Thomas Rawles Jones Jr. Final Pretrial Conference set for 6/19/2014 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. Discovery due by 6/13/2014. Signed by District Judge Anthony J Trenga on 1/22/2014. (Attachments: # (1) Magistrate Consent, # (2) Pretrial Notice)(rban, )

1 Magistrate Consent

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2 Pretrial Notice

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Jan. 22, 2014 PACER
73

Motion to appear Pro Hac Vice by Nina Kraut and Certification of Local Counsel Gadeir Abbas Filing fee $ 75, receipt number 0422-3840555. by Gulet Mohamed. (Abbas, Gadeir)

Feb. 5, 2014 PACER
74

Motion to appear Pro Hac Vice by Munia Jabbar and Certification of Local Counsel Gadeir Abbas Filing fee $ 75, receipt number 0422-3840563. by Gulet Mohamed. (Abbas, Gadeir)

Feb. 5, 2014 PACER
75

Joint Discovery Plan by Gulet Mohamed, Eric H. Holder, Jr..(Abbas, Gadeir) Modified on 2/6/2014 to add party filer(klau, ).

Feb. 5, 2014 PACER

Notice of Correction re 75 Discovery Plan, The text has been modified to reflect all relevant party/filer of the document (klau, )

Feb. 6, 2014 PACER
76

ORDER granting [74] Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 2/6/14. (klau, )

Feb. 6, 2014 PACER
77

ORDER granting [73] Motion for Pro hac vice. Signed by District Judge Anthony J Trenga on 2/6/14. (klau, )

Feb. 6, 2014 PACER
78

ANSWER to Complaint by Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III.(Sher, R.)

Feb. 11, 2014 PACER
79

Minute Entry for proceedings held before Magistrate Judge Thomas Rawles Jones, Jr:Initial Pretrial Conference held on 2/12/2014. Appearances of counsel. Parties to contact chambers when privilege issues have been obtained after objections are served. Resumed 16b conference may be necessary. Order to issue. (cmar, )

Feb. 12, 2014 PACER
80

Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: a. Parties shall deliver to my chambers (not to the Clerks office) a copy of every non-dispositive motion and every document relating to such a motion within one business day of filing it. b. Rule 26(a) disclosures, depositions, interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of thecourt, or for use in a motion or at trial. c. No "general objection" may be asserted in response to any discovery demand except to preserve the attorney-client privilege and work product protection. d. Plaintiff should file any motion to add a party as soon as the need to do so becomes apparent. e. No schedule for expert discovery is established at this time. f. The parties will not serve Rule 26(a)(1) initial disclosures in this case. g. Notwithstanding the general motions procedures discussed later in this order, if defendant asserts a privilege in a motion or in response to a motion, then the parties should contact my law clerk to obtain a briefing schedule. (SEE ORDER FOR FURTHER DETAILS.) Signed by Magistrate Judge Thomas Rawles Jones, Jr on 02/12/14. (cmar, )

Feb. 12, 2014 PACER
81

MOTION for Leave to File Fourth Amended Complaint by Gulet Mohamed. (Attachments: # (1) Proposed Fourth Amended Complaint)(Abbas, Gadeir)

1 Proposed Fourth Amended Complaint

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Feb. 26, 2014 PACER

Notice of Correction re 81 MOTION for Leave to File Fourth Amended Complaint, The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument.(klau, )

Feb. 27, 2014 PACER
82

NOTICE by Gulet Mohamed re [81] MOTION for Leave to File Fourth Amended Complaint of Unopposed Waiver of Oral Argument (Abbas, Gadeir)

Feb. 27, 2014 PACER
83

Memorandum in Opposition re [81] MOTION for Leave to File Fourth Amended Complaint filed by Timothy J. Healy, Eric H. Holder, Jr, Robert S. Mueller, III. (Sher, R.)

March 6, 2014 PACER
84

ORDER that [81] Motion for Leave to File a fourth amended complaint is GRANTED; and plaintiff shall electronically file the fourth amended complaint forthwith, and the newly added defendants shall plead or move in response within fourteen days. Signed by Magistrate Judge Thomas Rawles Jones, Jr on 3/7/14. (klau, )

March 7, 2014 PACER
85

Fourth AMENDED COMPLAINT against All Defendants, filed by Gulet Mohamed.(Abbas, Gadeir) Modified text on 3/10/2014 (klau, ).

March 7, 2014 PACER
86

Summons Issued for Amended Complaint and given to attorney for service by Certified Mail as to Eric H. Holder, Jr (U.S. Attorney General), Jeh C Johnson, John S. Pistole, U.S. Attorney (klau, )

March 11, 2014 PACER

State / Territory: Virginia

Case Type(s):

National Security

Key Dates

Filing Date: Jan. 18, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a U.S. citizen denied boarding to a flight from Kuwait to the United States because of his alleged inclusion on the U.S. No Fly List.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Council on American-Islamic Relations (CAIR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Right to travel

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Inadequate citizen complaint investigations and procedures

Terrorism/Post 9-11 issues

Watchlist

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern