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Court Reinstates Professor Rahinah Ibrahim's lawsuit over No-Fly List
Some good news from the San Francisco Appeal:
A Malaysian professor who claims she was mistakenly placed on the government's no-fly list and arrested at San Francisco International Airport in 2005 has won the right from a U.S. appeals court to go ahead with a lawsuit against the U.S. Department of Homeland Security and the FBI.
The 9th U.S. Circuit Court of Appeals said on Wednesday that Rahinah Ibrahim, who holds a Ph.D. from Stanford University, had enough of a connection with the United States to allow her to sue in an American court.
Ibrahim, a mother of four in her mid-40s, eventually earned her doctorate from Stanford and is now a university professor in Malaysia. She settled claims against San Francisco police and others involved in her arrest for $225,000 in 2009 but is still suing over the watch list.
A Malaysian professor who claims she was mistakenly placed on the government's no-fly list and arrested at San Francisco International Airport in 2005 has won the right from a U.S. appeals court to go ahead with a lawsuit against the U.S. Department of Homeland Security and the FBI.
The 9th U.S. Circuit Court of Appeals said on Wednesday that Rahinah Ibrahim, who holds a Ph.D. from Stanford University, had enough of a connection with the United States to allow her to sue in an American court.
Ibrahim, a mother of four in her mid-40s, eventually earned her doctorate from Stanford and is now a university professor in Malaysia. She settled claims against San Francisco police and others involved in her arrest for $225,000 in 2009 but is still suing over the watch list.
looks like the 9th circuit thinks there is a due process problem with the no fly list...
The ruling is on shaky ground (it is a standing issue only on appeal, not an NFL issue which the court already dealt with); I predict it will be reversed en banc or by the Supreme Court. It might at be clarified to give the correct reason she has standing, but that depends on whether she is still on the NFL.
The NFL case to watch is Latif. It is in the 9th Circuit right now and will most likely be reversed and remanded back to the District Court to consider the challenges to the NFL in the first instance as to the each plaintiff, and as to the TRIP process (i.e. is TRIP 'due process'); the Distrcit Judge completely ignored Ibrahim I the first time around and dismissed the case.
If you want good info on the state of the law on the NFL, read Ibrahim I from the 9th Circuit.
Why is this list being checked after the plane takes off?
Finalization of the complete passenger manifest occurs so close to take-off in various instances that it's a safe assumption to presume that some "catches" will occur after take-off. More so when some have (routinely valid) multiple ID travel documents -- some with "variations" in names and/or other data -- or other factors result in being flagged only when post-take-off batch processing takes place (and it takes place for a variety of purposes even after a flight has taken off).
Also, some people on the NFL who reside well beyond the Americas do sometimes manage to arrive in the US by avoiding the airspace of the US (and some of our surrender monkey allies) and using surface transport means for part of the journey.
Such situations just provide more fuel for rational people to burn up the US aviation blacklists. ID checks of passengers -- which is the backbone of the flimsy passenger blacklists -- are a wasteful dog and pony show in an environment where WEI interdiction is as ridiculously poor as is the case.
Why are there even these lists? ID isn't security.
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Like TSA, DL SkyMiles management treats airline customers as if they are the enemy or sheep to be fleeced and it shows.
