The Council on American-Islamic Relations (CAIR), the nation´s largest Muslim civil rights and advocacy organization, has welcomed the 9th US Circuit Court of Appeals in Portland to allow the claims against the no-fly list to proceed, the company said.
The court has reinstated 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.”
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.
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.”
CAIR is America´s largest Muslim civil liberties and advocacy organization. Its mission is to enhance understanding of Islam, protect civil rights, promote justice, and empower American Muslims.