Supreme Court of the United States · Official docket →
Federal Bureau of Investigation, et al. v. Yonas Fikre
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-35904 · judgment May 27, 2022
Before the decision, about 15.3× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Ninth Circuit decision below.
Question presented
Individuals are sometimes removed from the No Fly List during ongoing litigation about their placement on that list. The Fourth and Sixth Circuits have held that an individual's removal from the No Fly List moots a case when the government represents that the individual will not be placed back on the list based on currently available information. In conflict with those decisions, the Ninth Circuit held in this case that respondent's claims were not moot even though he was removed from the No Fly List in 2016 and the government provided a sworn declaration stating that he "will not be placed on the No Fly List in the future based on the currently available information." The question presented is whether respondent's claims challenging his placement on the No Fly List are moot.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Lindsay C. Harrison
Jenner & Block, LLP
Case
Conference history
Distributed for 1 conference
Amicus briefs
10 merits
(1 supporting pet./neither, 9 respondent)
Argument & decision
Argued January 8, 2024 — Sopan Joshi · Gadeir Abbas. Audio and transcript
Decided March 19, 2024. Opinion by Gorsuch.
Proceedings
- Apr 22 2024Judgment Issued.
- Mar 19 2024Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Kavanaugh, J., joined.
- Feb 21 2024Letter of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
- Jan 08 2024Argued. For petitioners: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Gadeir Abbas, Washington, D. C.
- Dec 28 2023Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
- Dec 20 2023Brief amicus curiae of Constitutional Law Center for Muslims in America filed. (Distributed)
- Dec 20 2023Brief amicus curiae of Cato Institute filed. (Distributed)
- Dec 20 2023Brief amici curiae of Sikh Coalition, et al. filed. (Distributed)
- Dec 20 2023Brief amicus curiae of Institute for Justice filed. (Distributed)
- Dec 20 2023Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
- Dec 20 2023Brief amici curiae of Asian Americans Advancing Justice, et al. filed. (Distributed)
- Dec 20 2023Brief amici curiae of Restore the Fourth, Inc., et al. filed. (Distributed)
- Dec 20 2023Brief amicus curiae of Patrick G. Eddington filed. (Distributed)
- Dec 19 2023Brief amicus curiae of Liberty Justice Center filed. (Distributed)
- Dec 13 2023Brief of respondent Yonas Fikre filed. (Distributed)
- Dec 01 2023Sealed material from the United States District Court for the District of Oregon electronically available with the Clerk.
- Nov 30 2023CIRCULATED
- Nov 17 2023Record requested from the United States Court of Appeals for the Ninth Circuit.
- Nov 17 2023SET FOR ARGUMENT on Monday, January 8, 2024.
- Nov 17 2023Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.
- Nov 17 2023Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and available on PACER.
- Nov 13 2023Brief of petitioners filed.
- Oct 30 2023Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- Oct 13 2023Motion to dispense with printing the joint appendix filed by petitioner Federal Bureau of Investigation, et al.
- Sep 29 2023Petition GRANTED.
- Sep 06 2023DISTRIBUTED for Conference of 9/26/2023.
- Sep 05 2023Reply of petitioners Federal Bureau of Investigation, et al. filed.
- Aug 21 2023Brief of respondent Yonas Fikre in opposition filed.
- Jul 03 2023Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023.
- Jun 30 2023Motion to extend the time to file a response from July 6, 2023 to August 21, 2023, submitted to The Clerk.
- Jun 02 2023Petition for a writ of certiorari filed. (Response due July 6, 2023)
- Mar 16 2023Application (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 2023Application (22A822) granted by Justice Kagan extending the time to file until June 2, 2023.