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Federal Bureau of Investigation v. Fikre

Docket No. Op. Below Argument Opinion Vote Author Term
22-1178 9th Cir. Jan 8, 2024 Mar 19, 2024 9-0 Gorsuch OT 2023

Holding: The government failed to meet its burden to demonstrate that Yonas Fikre"s removal from the government"s No Fly List mooted his 42 U.S.C. " 1983 case because its declaration did not disclose the conduct that landed Fikre on the No Fly List and did not ensure that he would not be placed back on the list for engaging in the same or similar conduct in the future.

Judgment: Affirmed, 9-0, in an opinion by Justice Gorsuch on March 19, 2024. Justice Alito filed a concurring opinion, in which Justice Kavanaugh joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/16/2023Application (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.
03/16/2023Application (22A822) granted by Justice Kagan extending the time to file until June 2, 2023.
06/02/2023Petition for a writ of certiorari filed. (Response due July 6, 2023)
06/30/2023Motion to extend the time to file a response from July 6, 2023 to August 21, 2023, submitted to The Clerk.
07/03/2023Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023.
08/21/2023Brief of respondent Yonas Fikre in opposition filed.
09/05/2023Reply of petitioners Federal Bureau of Investigation, et al. filed.
09/06/2023DISTRIBUTED for Conference of 9/26/2023.
09/29/2023Petition GRANTED.
10/13/2023Motion to dispense with printing the joint appendix filed by petitioner Federal Bureau of Investigation, et al.
10/30/2023Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
11/13/2023Brief of petitioners filed.
11/17/2023Record requested from the United States Court of Appeals for the Ninth Circuit.
11/17/2023SET FOR ARGUMENT on Monday, January 8, 2024.
11/17/2023Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.
11/17/2023Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and available on PACER.
11/30/2023CIRCULATED
12/01/2023Sealed material from the United States District Court for the District of Oregon electronically available with the Clerk.
12/13/2023Brief of respondent Yonas Fikre filed. (Distributed)
12/19/2023Brief amicus curiae of Liberty Justice Center filed. (Distributed)
12/20/2023Brief amicus curiae of Constitutional Law Center for Muslims in America filed. (Distributed)
12/20/2023Brief amicus curiae of Cato Institute filed. (Distributed)
12/20/2023Brief amici curiae of Sikh Coalition, et al. filed. (Distributed)
12/20/2023Brief amicus curiae of Institute for Justice filed. (Distributed)
12/20/2023Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
12/20/2023Brief amici curiae of Asian Americans Advancing Justice, et al. filed. (Distributed)
12/20/2023Brief amici curiae of Restore the Fourth, Inc., et al. filed. (Distributed)
12/20/2023Brief amicus curiae of Patrick G. Eddington filed. (Distributed)
12/28/2023Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
01/08/2024Argued. For petitioners: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Gadeir Abbas, Washington, D. C.
02/21/2024Letter of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
03/19/2024Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Kavanaugh, J., joined.
04/22/2024Judgment Issued.