Case: Beydoun v. Sessions

5:14-cv-13812 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 3, 2014

Closed Date: Dec. 6, 2017

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Case Summary

In this case, plaintiff alleged that the additional security delays he experienced when traveling by air constituted a violation of his Constitutional right to travel. On October 3, 2014, a Michigan resident filed this class-action lawsuit in the U.S. District Court for the Eastern District of Michigan against the FBI and its Terrorist Screening Center (TSC). The plaintiff brought this suit on behalf of himself and "all those who are believed to be included on the No[-]Fly and Terrorist Watch L…

In this case, plaintiff alleged that the additional security delays he experienced when traveling by air constituted a violation of his Constitutional right to travel.

On October 3, 2014, a Michigan resident filed this class-action lawsuit in the U.S. District Court for the Eastern District of Michigan against the FBI and its Terrorist Screening Center (TSC). The plaintiff brought this suit on behalf of himself and "all those who are believed to be included on the No[-]Fly and Terrorist Watch List, have been the victim of harassment and disparate treatment at airports when attempting to board their flights, and have not been given any legitimate means of redress." Represented by private counsel, the plaintiff alleged that the additional delays he experienced when traveling by air – in the form of additional security screenings – constituted a violation of his constitutional right to travel. Plaintiff sought declaratory and injunctive relief, in addition to attorney’s fees, under the Administrative Procedure Act (APA). The case was assigned to District Judge Judith Levy.

Shortly after Plaintiff's filing, TSC moved to stay the case until the Sixth Circuit could decide Mokdad v. Holder, which TSC believed would provide controlling precedent as to the court's subject-matter jurisdiction over the case. On February 13, 2015, Judge Levy granted the motion, and the case was stayed pending further development.

Almost one year later in January 2016, after the Mokdad v. Holder appeal was resolved in favor of the FBI and the Department of Justice, TSC moved to dismiss the case. On July 14, 2016, Judge Levy granted TSC's motion to dismiss for Plaintiff's failure to join a necessary party, the Transportation Security Administration (TSA). In Mokdad v. Holder, the Sixth Circuit held that a challenge to the redress process for the Selectee List was, in effect, a challenge to a TSA order, thus making TSA a necessary party. Judge Levy determined that the Plaintiff in this case had challenged only the redress process and not his inclusion on the list in the first place, thus making Mokdad binding. For reasons unclear, Plaintiff expressly stated at the case's hearing that he did not want to amend his complaint to include TSA as a defendant, so Judge Levy dismissed the complaint.

In the same opinion, Judge Levy also denied Plaintiff's motion to amend his complaint on the grounds that it would be futile. Because Plaintiff did not seek to amend his complaint to join the TSA as a party, the court concluded that his challenge to the redress process would be unsuccessful. Further, the court reasoned that a direct challenge to the plaintiff’s placement on the Selectee List would also fail because it did not establish a violation of a constitutional interest protected by the Due Process Clause.

On August 17, 2016, the plaintiff appealed the case to the Sixth Circuit, which consolidated this case (docket no. 16-2168) with Bazzi v. Sessions (docket no. 16-2406). Bazzi v. Sessions asserted similar facts, invoked the same causes of action, and was dismissed by the District Court for similar reasons; however, Bazzi additionally named the TSA as a defendant. The Sixth Circuit reviewed both of the District Court's determinations de novo. On September 12, 2017, the Sixth Circuit found that, although the District Court erred in saying that the plaintiffs had not challenged their initial inclusion on the Selectee List in their separate complaints, the District Court's constitutional analysis was correct in finding that the plaintiffs could not prove a deprivation of their constitutional rights. The Sixth Circuit specifically noted that the plaintiffs had significantly limited their options by making no equal protection claim and by expressly abandoning a procedural due process claim during oral arguments, leaving only the possibility of a substantive due process claim. 871 F.3d 459.

The plaintiffs petitioned to have the case reheard en banc, but the appellate court denied the plaintiffs’ motion on November 28, 2017. The case is now closed.

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Summary Authors

Sean Drohan (6/29/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5392872/parties/beydoun-v-holder-jr/

Judge(s)

Clay, Eric L. (Michigan)

Cox, Sean Francis (Michigan)

Attorney for Plaintiff

Ayad, Nabih H (Michigan)

Attorney for Defendant

Bowen, Brigham J. (District of Columbia)

Elliott, Stephen McCoy (District of Columbia)

Judge(s)

Clay, Eric L. (Michigan)

Cox, Sean Francis (Michigan)

Griffin, Richard Allen (Michigan)

Hluchaniuk, Michael J. (Michigan)

Levy, Judith Ellen (Michigan)

Thapar, Amul Roger (Kentucky)

Attorney for Plaintiff

Ayad, Nabih H (Michigan)

Attorney for Defendant

Bowen, Brigham J. (District of Columbia)

Elliott, Stephen McCoy (District of Columbia)

Folio, Joseph C III (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
5:14-cv-13812 0:16-02168 0:16-02406	Docket [PACER] Beydoun v. Holder	Dec. 6, 2017	Dec. 6, 2017 Docket
1 5:14-cv-13812	Plaintiff's Class Action Complaint for Injunctive and Declaratory Relief Beydoun v. Holder	Oct. 3, 2014	Oct. 3, 2014 Complaint
10 5:14-cv-13812	Opinion and Order Granting Defendants' Motion to Stay [6] Beydoun v. Holder	Feb. 13, 2015	Feb. 13, 2015 Order/Opinion 2015 WL 631948
27 5:14-cv-13812	Opinion and Order Granting Defendants' Motion to Dismiss [15] Beydoun v. Lynch	July 14, 2016	July 14, 2016 Order/Opinion 2016 WL 3753561
36-1 & 36-2 & 36-3 5:14-cv-13812 2:16-cv-10123 0:16-02168 0:16-02406	Opinion U.S. Court of Appeals for the Sixth Circuit	Sept. 12, 2017	Sept. 12, 2017 Order/Opinion 871 F.3d 459

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5392872/beydoun-v-holder-jr/

Last updated March 25, 2025, 8:40 a.m.

ECF Number	Description	Date	Link Date / Link
	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (KKra) (Entered: 10/03/2014)	Oct. 3, 2014	Oct. 3, 2014
1	COMPLAINT filed by Nasser Beydoun against Nasser Beydoun. Plaintiff requests summons issued. Receipt No: 0645-4843946 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: USA. [Previously dismissed case: No] [Possible companion case(s): None] (Ayad, Nabih) (Entered: 10/03/2014)	Oct. 3, 2014	Oct. 3, 2014 Clearinghouse
	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (KKra)	Oct. 3, 2014	Oct. 3, 2014 PACER
2	SUMMONS Issued for * All Defendants * (KKra) (Entered: 10/03/2014)	Oct. 3, 2014	Oct. 3, 2014 PACER
3	SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (KKra) (Entered: 10/03/2014)	Oct. 3, 2014	Oct. 3, 2014 PACER
4	NOTICE of Appearance by Joseph C. Folio, III on behalf of All Defendants. (Folio, Joseph) (Entered: 10/20/2014)	Oct. 20, 2014	Oct. 20, 2014 PACER
5	CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of ERIC H HOLDER JR served on 10/7/2014, answer due 12/8/2014. (Ayad, Nabih) (Entered: 11/17/2014)	Nov. 17, 2014	Nov. 17, 2014 PACER
6	MOTION to Stay by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Kadura v. Holder, Order Staying Case, # 3 Exhibit B - Plaintiff's DHS TRIP Response Letter, # 4 Exhibit C - Mokdad v. Holder, Order Dismissing Case) (Folio, Joseph) (Entered: 11/18/2014)	Nov. 18, 2014	Nov. 18, 2014 PACER
	Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 11/20/2014 with Nabih Ayad and Joseph Folio (FMos) (Entered: 11/20/2014)	Nov. 20, 2014	Nov. 20, 2014
	TEXT-ONLY ORDER Setting Briefing Schedule as to Re 6 MOTION to Stay - ( Response due by 12/5/2014 , Reply due by 12/15/2014 ). If the Motion to Stay is Denied, defendants will have 30 days to answer - Signed by District Judge Judith E. Levy. (FMos) (Entered: 11/20/2014)	Nov. 20, 2014	Nov. 20, 2014
	Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 11/20/2014 with Nabih Ayad and Joseph Folio (FMos)	Nov. 20, 2014	Nov. 20, 2014 PACER
	TEXT-ONLY ORDER Setting Briefing Schedule as to Re 6 MOTION to Stay - ( Response due by 12/5/2014, Reply due by 12/15/2014). If the Motion to Stay is Denied, defendants will have 30 days to answer - Signed by District Judge Judith E. Levy. (FMos)	Nov. 20, 2014	Nov. 20, 2014 PACER
7	RESPONSE to 6 MOTION to Stay filed by Nasser Beydoun. (Ayad, Nabih) (Entered: 12/05/2014)	Dec. 5, 2014	Dec. 5, 2014 PACER
8	REPLY to Response re 6 MOTION to Stay filed by All Defendants. (Folio, Joseph) (Entered: 12/15/2014)	Dec. 15, 2014	Dec. 15, 2014 PACER
	Text-Only Order of reassignment from Magistrate Judge Paul J. Komives to to Magistrate Judge Michael J. Hluchaniuk pursuant to Administrative Order 15-AO-010. (SSch) (Entered: 01/22/2015)	Jan. 22, 2015	Jan. 22, 2015
9	Notice of Determination of Motion Without Oral Argument re 6 MOTION to Stay (FMos) (Entered: 01/22/2015)	Jan. 22, 2015	Jan. 22, 2015 PACER
	Text-Only Order of reassignment from Magistrate Judge Paul J. Komives to to Magistrate Judge Michael J. Hluchaniuk pursuant to Administrative Order 15-AO-010. (SSch)	Jan. 22, 2015	Jan. 22, 2015 PACER
	Case Stayed (FMos) (Entered: 02/13/2015)	Feb. 13, 2015	Feb. 13, 2015
10	OPINION and ORDER Granting Defendants' 6 MOTION to Stay - Signed by District Judge Judith E. Levy. (FMos) (Entered: 02/13/2015)	Feb. 13, 2015	Feb. 13, 2015 Clearinghouse
	Case Stayed (FMos)	Feb. 13, 2015	Feb. 13, 2015 PACER
11	NOTICE of Appearance by Brigham Bowen on behalf of All Defendants. (Bowen, Brigham) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
12	MOTION for Extension of Time to File Answer or Otherwise Respond (Unopposed) by All Defendants. (Bowen, Brigham) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
13	ORDER Granting 12 MOTION for Extension of Time to File Answer - Signed by District Judge Judith E. Levy. (FMos) (Entered: 11/23/2015)	Nov. 23, 2015	Nov. 23, 2015 PACER
14	NOTICE of Appearance by Stephen M. Elliott on behalf of James B. Comey, ERIC H HOLDER JR, Christopher M. Piehota. (Elliott, Stephen) (Entered: 12/04/2015)	Dec. 4, 2015	Dec. 4, 2015 PACER
15	MOTION to Dismiss by James B. Comey, ERIC H HOLDER JR, Christopher M. Piehota. (Elliott, Stephen) (Entered: 01/19/2016)	Jan. 19, 2016	Jan. 19, 2016 PACER
16	NOTICE OF HEARING on 15 MOTION to Dismiss . Motion Hearing set for 4/12/2016 at 2:00 PM before District Judge Judith E. Levy in Ann Arbor, MI (FMos) (Entered: 01/21/2016)	Jan. 21, 2016	Jan. 21, 2016 PACER
17	MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss by Nasser Beydoun. (Ayad, Nabih) (Entered: 01/26/2016)	Jan. 26, 2016	Jan. 26, 2016 PACER
	TEXT-ONLY ORDER Granting 17 MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss filed by Nasser Beydoun - Issued by District Judge Judith E. Levy. (FMos) (Entered: 01/27/2016)	Jan. 27, 2016	Jan. 27, 2016
	TEXT-ONLY ORDER Granting 17 MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss filed by Nasser Beydoun - Issued by District Judge Judith E. Levy. (FMos)	Jan. 27, 2016	Jan. 27, 2016 PACER
18	Second MOTION for Extension of Time to File Answer To Defendant's Motion to Dismiss For Good Cause by All Plaintiffs. (Ayad, Nabih) (Entered: 02/25/2016)	Feb. 25, 2016	Feb. 25, 2016 PACER
	TEXT-ONLY ORDER Granting 18 Second MOTION for Extension of Time to File Answer To Defendant's Motion to Dismiss For Good Cause filed by Nasser Beydoun. Entered by District Judge Judith E. Levy. (FMos) (Entered: 03/01/2016)	March 1, 2016	March 1, 2016
	TEXT-ONLY ORDER Granting 18 Second MOTION for Extension of Time to File Answer To Defendant's Motion to Dismiss For Good Cause filed by Nasser Beydoun. Entered by District Judge Judith E. Levy. (FMos)	March 1, 2016	March 1, 2016 PACER
19	Third MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Nasser Beydoun. (Ayad, Nabih) (Entered: 03/29/2016)	March 29, 2016	March 29, 2016 PACER
	Reset Deadlines as to 15 MOTION to Dismiss . Motion Hearing reset for 6/21/2016 at 1:00 PM before District Judge Judith E. Levy in ANN ARBOR, MI (FMos) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016
20	ORDER Granting 19 Motion for Extension of Time to File Response/Reply. Signed by District Judge Judith E. Levy. (FMos) (Entered: 03/30/2016)	March 30, 2016	March 30, 2016 PACER
	Reset Deadlines as to 15 MOTION to Dismiss . Motion Hearing reset for 6/21/2016 at 1:00 PM before District Judge Judith E. Levy in ANN ARBOR, MI (FMos)	March 30, 2016	March 30, 2016 PACER
21	STIPULATION To Extend Response Deadline by Nasser Beydoun (Ayad, Nabih) (Entered: 04/28/2016)	April 28, 2016	April 28, 2016 PACER
	TEXT-ONLY ORDER Granting 21 Stipulation filed by Nasser Beydoun. Issued by District Judge Judith E. Levy. (FMos) (Entered: 05/05/2016)	May 5, 2016	May 5, 2016
	TEXT-ONLY ORDER Granting 21 Stipulation filed by Nasser Beydoun. Issued by District Judge Judith E. Levy. (FMos)	May 5, 2016	May 5, 2016 PACER
22	Ex Parte MOTION for Leave to File Excess Pages by Nasser Beydoun. (Ayad, Nabih) (Entered: 05/13/2016)	May 13, 2016	May 13, 2016 PACER
23	RESPONSE to 15 MOTION to Dismiss filed by Nasser Beydoun. (Ayad, Nabih) (Entered: 05/13/2016)	May 13, 2016	May 13, 2016 PACER
	TEXT-ONLY ORDER Granting 22 Ex Parte MOTION for Leave to File Excess Pages filed by Nasser Beydoun - Issued by District Judge Judith E. Levy. (FMos) (Entered: 05/17/2016)	May 17, 2016	May 17, 2016
	TEXT-ONLY ORDER Granting 22 Ex Parte MOTION for Leave to File Excess Pages filed by Nasser Beydoun - Issued by District Judge Judith E. Levy. (FMos)	May 17, 2016	May 17, 2016 PACER
24	MOTION for Leave to File Excess Pages (Unopposed) by James B. Comey, ERIC H HOLDER JR, Christopher M. Piehota. (Elliott, Stephen) (Entered: 06/03/2016)	June 3, 2016	June 3, 2016 PACER
25	REPLY to Response re 15 MOTION to Dismiss filed by James B. Comey, ERIC H HOLDER JR, Christopher M. Piehota. (Elliott, Stephen) (Entered: 06/03/2016)	June 3, 2016	June 3, 2016 PACER
26	ORDER granting 24 Unopposed Motion for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/06/2016)	June 6, 2016	June 6, 2016 PACER
	Minute Entry for proceedings before District Judge Judith E. Levy: Motion Hearing held on 6/21/2016 with Nabib Ayad and Stephen M. Elliott re 15 MOTION to Dismiss. Disposition: Motion taken under advisement (Court Reporter: Jeseca Eddington) (TMcg) (Entered: 06/22/2016)	June 21, 2016	June 21, 2016
	Minute Entry for proceedings before District Judge Judith E. Levy: Motion Hearing held on 6/21/2016 with Nabib Ayad and Stephen M. Elliott re 15 MOTION to Dismiss. Disposition: Motion taken under advisement (Court Reporter: Jeseca Eddington) (TMcg)	June 21, 2016	June 21, 2016 PACER
27	OPINION and ORDER GRANTING Defendant's re 15 MOTION to Dismiss Signed by District Judge Judith E. Levy. (KJac) (Entered: 07/14/2016)	July 14, 2016	July 14, 2016 Clearinghouse
28	JUDGMENT - Signed by District Judge Judith E. Levy. (KJac) (Entered: 07/14/2016)	July 14, 2016	July 14, 2016 PACER
29	NOTICE OF APPEAL by Nasser Beydoun. Receipt No: 0645-5824430 - Fee: $ 505 - Fee Status: Fee Paid. (Ayad, Nabih) (Entered: 08/12/2016)	Aug. 12, 2016	Aug. 12, 2016 PACER
30	Certificate of Service re 29 Notice of Appeal. (BGar) (Entered: 08/12/2016)	Aug. 12, 2016	Aug. 12, 2016 PACER
31	TRANSCRIPT of Motion Hearing held on 6/21/2016. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 49) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 11/28/2016. Redacted Transcript Deadline set for 12/6/2016. Release of Transcript Restriction set for 2/3/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Eddington, J) (Entered: 11/05/2016)	Nov. 5, 2016	Nov. 5, 2016 PACER
32	OPINION and JUDGMENT from U.S. Court of Appeals - Sixth Circuit re 29 Notice of Appeal filed by Nasser Beydoun [Appeal Case Number 16-2168] (Ahmed, N) (Entered: 09/12/2017)	Sept. 12, 2017	Sept. 12, 2017 PACER
33	MANDATE from U.S. Court of Appeals - Sixth Circuit as to 32 Appeal Order/Opinion/Judgment [Appeal Case Number 16-2168/16-2406] (SKra) (Entered: 12/06/2017)	Dec. 6, 2017	Dec. 6, 2017 PACER