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Federal Bureau of Investigation v. Fikre

Docket No.22-1178
Op. Below9th Cir.
ArgumentJan 8, 2024

Holding

The government failed to meet its burden to demonstrate that Yonas Fikre's removal from the government's No Fly List mooted his 42 U.S.C. § 1983 case because its declaration did not disclose the conduct that landed Fikre on the No Fly List and did not ensure that he would not be placed back on the list for engaging in the same or similar conduct in the future.

Judgment

Affirmed, 9-0, in an opinion by Neil Gorsuch on Mar 19, 2024. Justice Alito filed a concurring opinion, in which Justice Kavanaugh joined.

Proceedings & orders timeline

Mar 16, 2023
Application (22A822) to extend the time to file a petition for a writ of certiorari from April 4, 2023 to June 2, 2023, submitted to Justice Kagan.
Mar 16, 2023
Application (22A822) granted by Justice Kagan extending the time to file until June 2, 2023.
Jun 2, 2023
Petition for a writ of certiorari filed. (Response due July 6, 2023)
Jun 30, 2023
Motion to extend the time to file a response from July 6, 2023 to August 21, 2023, submitted to The Clerk.
Jul 3, 2023
Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023.
Aug 21, 2023
Brief of respondent Yonas Fikre in opposition filed.
Sep 5, 2023
Reply of petitioners Federal Bureau of Investigation, et al. filed.
Sep 6, 2023
DISTRIBUTED for Conference of 9/26/2023.
Sep 29, 2023
Petition GRANTED.
Oct 13, 2023
Motion to dispense with printing the joint appendix filed by petitioner Federal Bureau of Investigation, et al.
Oct 30, 2023
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Nov 13, 2023
Brief of petitioners filed.
Nov 17, 2023
Record requested from the United States Court of Appeals for the Ninth Circuit.
Nov 17, 2023
SET FOR ARGUMENT on Monday, January 8, 2024.
Nov 17, 2023
Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.
Nov 17, 2023
Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and available on PACER.
Nov 30, 2023
CIRCULATED
Dec 1, 2023
Sealed material from the United States District Court for the District of Oregon electronically available with the Clerk.
Dec 13, 2023
Brief of respondent Yonas Fikre filed. (Distributed)
Dec 19, 2023
Brief amicus curiae of Liberty Justice Center filed. (Distributed)
Dec 20, 2023
Brief amicus curiae of Constitutional Law Center for Muslims in America filed. (Distributed)
Dec 20, 2023
Brief amicus curiae of Cato Institute filed. (Distributed)
Dec 20, 2023
Brief amici curiae of Sikh Coalition, et al. filed. (Distributed)
Dec 20, 2023
Brief amicus curiae of Institute for Justice filed. (Distributed)
Dec 20, 2023
Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Dec 20, 2023
Brief amici curiae of Asian Americans Advancing Justice, et al. filed. (Distributed)
Dec 20, 2023
Brief amici curiae of Restore the Fourth, Inc., et al. filed. (Distributed)
Dec 20, 2023
Brief amicus curiae of Patrick G. Eddington filed. (Distributed)
Dec 28, 2023
Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
Jan 8, 2024
Argued. For petitioners: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Gadeir Abbas, Washington, D. C.
Feb 21, 2024
Letter of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
Mar 19, 2024
Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Kavanaugh, J., joined.
Apr 22, 2024
Judgment Issued.

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