FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT YASSIR FAZAGA; ALI UDDIN MALIK; No. 12-56867 YASSER ABDELRAHIM, Plaintiffs-Appellees, D.C. No. 8:11-cv-00301- v. CJC-VBK FEDERAL BUREAU OF INVESTIGATION; CHRISTOPHER A. WRAY, Director of the Federal Bureau of Investigation, in his official capacity; PAUL DELACOURT, Assistant Director in Charge, Federal Bureau of Investigation’s Los Angeles Division, in his official capacity; PAT ROSE; KEVIN ARMSTRONG; PAUL ALLEN, Defendants, and BARBARA WALLS; J. STEPHEN TIDWELL, Defendants-Appellants. 2 FAZAGA V. WALLS YASSIR FAZAGA; ALI UDDIN MALIK; No. 12-56874 YASSER ABDELRAHIM, Plaintiffs-Appellees, D.C. No. 8:11-cv-00301- v. CJC-VBK FEDERAL BUREAU OF INVESTIGATION; CHRISTOPHER A. WRAY, Director of the Federal Bureau of Investigation, in his official capacity; PAUL DELACOURT, Assistant Director in Charge, Federal Bureau of Investigation’s Los Angeles Division, in his official capacity; J. STEPHEN TIDWELL; BARBARA WALLS, Defendants, and PAT ROSE; KEVIN ARMSTRONG; PAUL ALLEN, Defendants-Appellants. FAZAGA V. WALLS 3 YASSIR FAZAGA; ALI UDDIN MALIK; No. 13-55017 YASSER ABDELRAHIM, Plaintiffs-Appellants, D.C. No. 8:11-cv-00301- v. CJC-VBK FEDERAL BUREAU OF INVESTIGATION; CHRISTOPHER A. OPINION WRAY, Director of the Federal Bureau of Investigation, in his official capacity; PAUL DELACOURT, Assistant Director in Charge, Federal Bureau of Investigation’s Los Angeles Division, in his official capacity; J. STEPHEN TIDWELL; BARBARA WALLS; PAT ROSE; KEVIN ARMSTRONG; PAUL ALLEN; UNITED STATES OF AMERICA, Defendants-Appellees. Appeal from the United States District Court for the Central District of California Cormac J. Carney, District Judge, Presiding Argued and Submitted December 7, 2015 Pasadena, California Filed February 28, 2019 4 FAZAGA V. WALLS Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges and George Caram Steeh III,* Senior District Judge. Opinion by Judge Berzon SUMMARY** Constitutional Law / Foreign Intelligence Surveillance Act The panel affirmed in part and reversed in part the district court’s judgment in favor of the United States, the FBI, and federal officials in a putative class action alleging that an FBI investigation involved unlawful searches and anti-Muslim discrimination. Plaintiffs are three Muslim residents of Southern California who alleged that the FBI paid a confidential informant to conduct a covert surveillance program that gathered information about Muslims based solely on their religious identity. Plaintiffs asserted eleven claims, which fell into two categories: claims alleging unconstitutional searches, and claims alleging unlawful religious discrimination. The district court dismissed all but one of plaintiffs’ claims on the basis of the state secrets privilege, * The Honorable George Caram Steeh III, Senior District Judge for the U.S. District Court for the Eastern District of Michigan, sitting by designation. ** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. FAZAGA V. WALLS 5 and allowed only the Foreign Intelligence Surveillance Act (“FISA”) claim against the FBI Agent Defendants to proceed. The panel held that some of the claims the district court dismissed on state secret grounds should not have been dismissed outright. The panel further held that the district court should have reviewed any state secrets evidence necessary for a ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals