United States Second Circuit

Dismissal of complaint, alleging that defendants violated plaintiff's constitutional rights and acted in an arbitrary and capricious manner in violation of the Administrative Procedure Act when it fined her for traveling to Iraq in violation of the Iraqi Sanctions Regulations, is affirmed where: 1) the district court did not err in dismissing plaintiff's challenge to the authority for the regulations; 2) there is no genuine issue of material fact with regard to whether adequate notice and an opportunity to be heard were provided to plaintiff; 3) the travel restriction was not a violation of plaintiff's liberty interests; and 4) plaintiff's First Amendment rights were not violated.

Appellate Information

• Decided 08/14/2007
• Published 08/14/2007

Judges

• CARDAMONE, Circuit Judge:, Before: CARDAMONE, SOTOMAYOR, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael H. Sussman, Law Offices of Michael H. Sussman, Goshen, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Ross E. Morrison, Assistant United States Attorney, New York, N.Y. (Michael J. Garcia, United States Attorney, Sara L. Shudofsky, Assistant United States Attorney, Southern District of New York, New York, NY, of counsel), for Defendants-Appellees.