Tuesday October 23, 2018
Sep-21-2018 20:48TweetFollow @OregonNews
CAIR-Oregon Welcomes Federal Appeals Court Decision to Allow No-Fly List Claims to ProceedSalem-News.com
Oregon man Yonas Fikre claims he was beaten, kicked and punched while interrogators shouted questions.
(WASHINGTON, D.C.) - The Council on American-Islamic Relations (CAIR), the nation's largest Muslim civil rights and advocacy organization, welcomed the 9th U.S. Circuit Court of Appeals in Portland reinstating Yonas Fikre's claims challenging the constitutionality of the government’s no-fly list.
In reversing a lower court's decision to dismiss Fikre's claims, the Ninth Circuit found that, though the federal government has removed Fikre from the list, the federal government had "not repudiated the decision to add Fikre to the list and maintain him there for approximately five years."
[CAIR co-counseled this case with Oregon attorneys Brandon Mayfield and Thomas Nelson]
SEE: Muslim American Can Sue Over No Fly List Status: https://wtvbam.com/news/articles/2018/sep/20/muslim-american-can-sue-over-no-fly-list-us-appeals-court/
Fikre's case was dismissed by a federal district court in large part because, after his lawsuit began, the federal government removed him from the no-fly list. But because the list’s standards and procedures remain the same, the Ninth Circuit found that Fikre's challenge to the no-fly list could continue.
"[T]he government has not assured Fikre that he will not be banned from flying for the same reasons that prompted the government to add him to the list in the first place."
SEE: NINTH CIRCUIT OPINION: https://tinyurl.com/NoFlyListOpinion
The Ninth Circuit emphasized that, were a federal court to ultimately agree with Fikre's constitutional challenge, the stigma of being on the no-fly list could be lifted:
"Because acquaintances, business associates, and perhaps even family members are likely to persist in shunning or avoiding him despite his renewed ability to travel, it is plain that vindication in this action would have actual and palpable consequences for Fikre."
Fikre's lawsuit began in 2013 and challenged, not only his placement on the No Fly List, but also his torture in the United Arab Emirates at the behest of the FBI.
In 2012, CAIR called on the U.S. Department of Justice (DOJ) Civil Rights Division to investigate Fikre's claims that he was beaten on the soles of his feet, kicked and punched, and held in stress positions while interrogators shouted questions similar to those posed to him by FBI agents and other American officials.