United States Ninth Circuit

In a suit by a Malaysian national residing outside the United States, seeking to have her name removed from the U.S. government's "No-Fly List" and other terrorist watchlists, the district court's denial of injunctive relief is reversed, where: 1) the plaintiff had standing under Article III to challenge the presence of her name on government watchlists; and 2) the plaintiff had significant voluntary connection with the United States such that she had the right to assert claims under the First and Fifth Amendments. Denial of the plaintiff's request for discovery of certain categories of documents, and its denial of a request for interrogatories, is vacated, but denial of plaintiff's request to share sensitive security information with her non-testifying experts is affirmed.

Appellate Information

• Decided 02/08/2012
• Published 02/08/2012

Judges

• W. Fletcher

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James McManis, Paul G. Freeborne