FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 29 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAHINAH IBRAHIM, an individual, Nos. 14-16161 14-17272 Plaintiff-Appellant, D.C. No. 3:06-cv-00545-WHA v. Northern District of California, San Francisco

U.S. DEPARTMENT OF HOMELAND

SECURITY; TERRORIST SCREENING ORDER

CENTER; FEDERAL BUREAU OF

INVESTIGATION; CHRISTOPHER A.

WRAY, in his official capacity as Director of the Federal Bureau of Investigation; KIRSTJEN NIELSEN, in her official capacity as Secretary of the Department of Homeland Security; JEFFERSON B. SESSIONS III, Attorney General, in his official capacity as Attorney General; CHARLES H. KABLE IV, Director, in his official capacity as Director of the Terrorist Screening Center; CARL GHATTAS, in his official capacity as Executive Assistant Director of the FBI's National Security Branch; NATIONAL

COUNTERTERRORISM CENTER;

RUSSELL "RUSS" TRAVERS, in his official capacity as Director of the National Counterterrorism Center;

DEPARTMENT OF STATE; REX W.

TILLERSON, in his official capacity as Secretary of State; UNITED STATES OF

AMERICA,

Defendants-Appellees. THOMAS, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

these cases be reheard en banc pursuant to Federal Rule of Appellate Procedure

35(a) and Circuit Rule 35-3. The three-judge panel disposition in these cases shall

not be cited as precedent by or to any court of the Ninth Circuit.

Judges Graber, Murguia, Owens, and Friedland did not participate in the

deliberations or vote in these cases.

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