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5 U.S.C. §§ 702, 706
(Against Agency Defendants in their official capacities)
225. Plaintiffs Muhammad Tanvir, Jameel Algibhah, Naveed Shinwari, and Awais Sajjad
incorporate by reference each and every allegation contained in the paragraphs above.
226. Plaintiffs are present or have the legal right to be present in the United States.
227. Defendants failure to provide Plaintiffs with constitutionally adequate notice of the bases
for their placement on the No Fly List and a meaningful opportunity to challenge their
continued inclusion on the No Fly List is arbitrary, capricious, an abuse of discretion,
otherwise not in accordance with law, and contrary to constitutional rights, power,
privilege, or immunity, and should be set aside as unlawful pursuant to 5 U.S.C. § 706.
228. Because Plaintiffs do not present, and have never presented, a threat to aviation safety,
Defendants placement and continued inclusion of Plaintiffs on the No Fly List is
arbitrary, capricious, an abuse of discretion, otherwise not in accordance with law, and
contrary to constitutional rights, power, privilege, or immunity, and should be set aside as
unlawful pursuant to 5 U.S.C. § 706(1).
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PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request judgment against Defendants as follows:
1. Declaring that the policies, practices, acts, and omissions of Defendants described here are
unlawful and violate Plaintiffs rights under the Constitution of the United States, the
Religious Freedom Restoration Act, and the Administrative Procedure Act;
2. Ordering Defendants to remove Plaintiffs names from the No Fly List, and to provide
Plaintiffs with notice that their names have been removed;
3. Enjoining Defendants and their agents, employees, successors, and all others acting in
concert with them, from subjecting Plaintiffs to the unconstitutional and unlawful practices
described in this complaint;
4. Ordering Defendants sued in their official capacity to provide a constitutionally adequate
mechanism affording Plaintiffs with meaningful notice of the standards for inclusion on the
No Fly List; meaningful notice of their placement on the No Fly List and of the grounds for
their inclusion on the No Fly List, and a meaningful opportunity to contest their placement on
the No Fly List before a neutral decision-maker;
5. Requiring the promulgation of guidelines prohibiting the abuse of the No Fly List for
purposes other than the promotion of aviation safety, including for the unlawful purpose of
retaliating against or coercively pressuring individuals to become informants;
6. Awarding Plaintiffs compensatory and punitive damages;
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7. Awarding Plaintiffs counsel reasonable attorneys fees and litigation costs, including but not
limited to fees, costs, and disbursements pursuant to 28 U.S.C. § 2412; and
8. Granting such other and further relief as the Court deems just and proper.
Dated: April 22, 2014
Respectfully submitted,
/s/ Ramzi Kassem /s/ Shayana Kadidal
Ramzi Kassem Shayana Kadidal
Supervising Attorney Susan Hu
Diala Shamas Baher Azmy
Staff Attorney Omar A. Farah
Nasrin Moznu Center for Constitutional Rights
Versely Rosales 666 Broadway, 7th Floor
Law Student Interns New York, NY 10012
CLEAR project (212) 614-6491
Main Street Legal Services, Inc. kadidal@ccrjustice.org
City University of New York School of Law shu@ccrjustice.org
2 Court Square bazmy@ccrjustice.org
Long Island City, NY 11101 ofarah@ccrjustice.org
(718) 340-4558
ramzi.kassem@law.cuny.edu
/s/ Robert N. Shwartz
Debevoise & Plimpton LLP
919 Third Avenue
New York, NY 10022
Robert N. Shwartz
Jennifer R. Cowan
rnshwartz@debevoise.com
jrcowan@debevoise.com
Attorneys for Plaintiffs
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