Al-Kidd

FACTS AND PROCEDURAL BACKGROUND1

A. Al-Kidd

Plaintiff-Appellee al-Kidd was born Lavoni T. Kidd in Wichita, Kansas. While attending college at the University of Idaho, where he was a highly regarded running back on the University’s football team, he converted to Islam and changed his name. In the spring and summer of 2002, he and his then- wife were the target of a Federal Bureau of Investigation (FBI) surveillance as part of a broad anti-terrorism investiga- tion allegedly aimed at Arab and Muslim men.2 No evidence of criminal activity by al-Kidd was ever discovered. Al-Kidd 1 All facts are taken from al-Kidd’s first amended complaint, unless oth- erwise indicated. 2 Al-Kidd is Muslim, but is African-American and not of Arab descent. 12272 AL-KIDD v. ASHCROFT planned to fly to Saudi Arabia in the spring of 2003 to study Arabic and Islamic law on a scholarship at a Saudi university.

On February 13, 2003, a federal grand jury in Idaho indicted Sami Omar Al-Hussayen for visa fraud and making false statements to U.S. officials. On March 14, the Idaho U.S. Attorney’s Office submitted an application to a magis- trate judge of the District of Idaho, seeking…