Alasaad v. Wolf


United States Court of Appeals For the First Circuit Nos. 20-1077 20-1081 GHASSAN ALASAAD; NADIA ALASAAD; SUHAIB ALLABABIDI; SIDD BIKKANNAVAR; JEREMIE DUPIN; AARON GACH; ISMAIL ABDEL-RASOUL, a/k/a Isma'il Kushkush; DIANE MAYE ZORRI; ZAINAB MERCHANT; MOHAMMED AKRAM SHIBLY; MATTHEW WRIGHT, Plaintiffs, Appellees/Cross-Appellants, v. ALEJANDRO MAYORKAS, Secretary of the U.S. Department of Homeland Security, in his official capacity;* TROY MILLER, Senior Official Performing the Duties of the Commissioner of U.S. Customs and Border Protection, in his official capacity;** TAE D. JOHNSON, Senior Official Performing the Duties of the Director of U.S. Immigration and Customs Enforcement, in his official capacity,*** Defendants, Appellants/Cross-Appellees. * Pursuant to Fed. R. App. P. 43(c)(2), Secretary of the U.S. Department of Homeland Security Alejandro Mayorkas has been substituted for former Acting Secretary of the U.S. Department of Homeland Security Chad F. Wolf as appellant/cross-appellee. ** Pursuant to Fed. R. App. P. 43(c)(2), Senior Official Performing the Duties of the Commissioner of U.S. Customs and Border Protection Troy Miller has been substituted for former Chief Operating Officer and Senior Official Performing the Duties of the Commissioner of U.S. Customs and Border Protection Mark A. Morgan as appellant/cross-appellee. *** Pursuant to Fed. R. App. P. 43(c)(2), Senior Official Performing the Duties of the Director of U.S. Immigration and Customs Enforcement Tae D. Johnson has been substituted for former Senior Official Performing the Duties of the Director of U.S. Immigration and Customs Enforcement Tony H. Pham as appellant/cross-appellee. APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Denise J. Casper, U.S. District Judge] Before Lynch and Selya, Circuit Judges, and Laplante,**** District Judge. Joshua Paul Waldman, Appellate Staff, Civil Division U.S. Department of Justice, with whom Joseph H. Hunt, Assistant Attorney General, Scott R. McIntosh, Appellate Staff, Civil Division U.S. Department of Justice, and Andrew E. Lelling, United States Attorney, were on briefs, for appellants/cross-appellees. Esha Bhandari, with whom Adam Schwartz, Sophia Cope, Saira Hussain, Electronic Frontier Foundation, Hugh Handeyside, Nathan Freed Wessler, American Civil Liberties Union Foundation, Matthew R. Segal, Jessie J. Rossman, and American Civil Liberties Union Foundation of Massachusetts, Inc. were on briefs, for appellees/cross-appellants. Caroline M. DeCell, Stephanie Krent, Bruce D. Brown, Katie Townsend, Gabriel Rottman, Caitlin Vogus, and Linda Moon on brief for the Knight First Amendment Institute at Columbia University, the Reporters Committee for Freedom of the Press, and 12 Media Organizations, amici curiae. Kurt Wimmer, Rafael Reyneri, Calvin Cohen, Frank Broomell, and Covington & Burling LLP on brief for the Center for Democracy & Technology, the Brennan Center for Justice, R Street Institute, and Techfreedom, amici curiae. Michael J. Iacopino, Michael Price, and Mukund Rathi on brief for National Association of Criminal Defense Lawyers, amicus curiae. Christopher T. Bavitz and Cyberlaw Clinic, Harvard Law School, on brief for Harvard Immigration and Refugee Clinic, amicus curiae. Meghan Koushik, Mark C. Fleming, Wilmer Cutler Pickering Hale and Dorr LLP, Glenn Katon, and Hammad Alam on brief for Asian Americans Advancing Justice, Asian Law Caucus, et al., amici curiae. Elizabeth B. Wydra, Brianne ...

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