HUSAYN v. United States of America, Intervenor-Appellee. (2022)

United States Court of Appeals, Ninth Circuit.

Zayn Al-Abidin Muhammad HUSAYN; Joseph Margulies, Petitioners-Appellants, v. James Elmer MITCHELL; John Jessen, Respondents, United States of America, Intervenor-Appellee.

No. 18-35218

Decided: April 25, 2022

Before: Richard A. Paez, Circuit Judge, and Dean D. Pregerson,* District Judge.

David F. Klein and John Chamberlain, Pillsbury Winthrop Shaw Pittman LLP, Washington, D.C.; Jerry Moberg, Jerry Moberg & Associates, Ephrata, Washington; for Petitioners-Appellants. H. Thomas Byron III and Catherine H. Dorsey, Appellate Staff; Joseph H. Harrington, United States Attorney; Civil Division, United States Department of Justice, Washington, D.C.; for Intervenor-Appellee.

ORDER

On March 3, 2022, the Supreme Court issued its opinion in this case, reversing our prior judgment in Husayn v. Mitchell, 938 F.3d 1123 (9th Cir. 2019). See United States v. Zubaydah, ––– U.S. ––––, 142 S. Ct. 959, --- L.Ed.2d –––– (2022). As directed by the Supreme Court, the district court's judgment dismissing Petitioner-Appellants' application for discovery under 28 U.S.C. § 1782 is AFFIRMED.

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