Ayman Latif v. Eric Holder, Jr.

The Terrorist Screening Center (“TSC”), which is administered by the Federal Bureau of Investigation (“FBI”), maintains a list of known and suspected terrorists who are not permitted to fly in United States airspace. Plaintiffs — all United States citizens or legal permanent residents — have good reason to believe that they are on the “No-Fly List” (“List”). They initially submitted grievances through the redress program run by the Transportation Security Administration (“TSA”), but the government has refused to confirm or deny their inclusion on the List, to disclose the bases for their apparent inclusion, or to provide any assurances about future travel.

Rather than continuing to pursue their administrative grievances with TSA, Plaintiffs filed this action in the United States District Court for the District of Oregon against the Director of TSC, the Director of the FBI, and the Attorney General. They demand that the government remove them from the List or provide a more “meaningful” opportunity to contest their apparent inclusion on the List.

The district court dismissed the case, holding that TSA is a necessary party to the litigation because Plaintiffs challenge…