Jenner & Block Represents Muslim-American US Citizen in Supreme Court in FBI v. Fikre
News
January 8, 2024
Mr. Fikre is a law-abiding US citizen who was stranded overseas for four years after the FBI placed him on the No Fly List. Mr. Fikre sued, alleging that his placement on the No Fly List violated his constitutional rights to due process. After four years of litigation, the FBI removed Fikre from the No Fly List without explanation and promised not to put him on it again “based on the currently available information.” As a result, the government argued that his lawsuit was moot. The Ninth Circuit disagreed, and the United States sought review by the Supreme Court.
Jenner & Block joined the matter in the Supreme Court, working alongside CAIR LDF and the Clinic to argue that Mr. Fikre’s case is not moot because the government’s promise does not adequately assure Mr. Fikre that the constitutional violations will not recur. Specifically, the government retains the ability to re-list Mr. Fikre, has made no promises that if it does so he will receive advance notice or a hearing, has made no commitment that he will not be relisted for the same kinds of conduct that resulted in his first listing, and has not even disclosed the basis for Mr. Fikre’s listing. As a result, Mr. Fikre argues that there remains a live controversy for a court to redress.
The Jenner team includes Washington, DC Office Managing Partner Lindsay Harrison; Appellate Co-Chairs Annie Kastanek and Matt Hellman; Special Counsel Ali Alsarraf; and Associates Benjamin Alter, Maria LaBella, and Sophie Montgomery.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
News
January 8, 2024
Mr. Fikre is a law-abiding US citizen who was stranded overseas for four years after the FBI placed him on the No Fly List. Mr. Fikre sued, alleging that his placement on the No Fly List violated his constitutional rights to due process. After four years of litigation, the FBI removed Fikre from the No Fly List without explanation and promised not to put him on it again “based on the currently available information.” As a result, the government argued that his lawsuit was moot. The Ninth Circuit disagreed, and the United States sought review by the Supreme Court.
Jenner & Block joined the matter in the Supreme Court, working alongside CAIR LDF and the Clinic to argue that Mr. Fikre’s case is not moot because the government’s promise does not adequately assure Mr. Fikre that the constitutional violations will not recur. Specifically, the government retains the ability to re-list Mr. Fikre, has made no promises that if it does so he will receive advance notice or a hearing, has made no commitment that he will not be relisted for the same kinds of conduct that resulted in his first listing, and has not even disclosed the basis for Mr. Fikre’s listing. As a result, Mr. Fikre argues that there remains a live controversy for a court to redress.
The Jenner team includes Washington, DC Office Managing Partner Lindsay Harrison; Appellate Co-Chairs Annie Kastanek and Matt Hellman; Special Counsel Ali Alsarraf; and Associates Benjamin Alter, Maria LaBella, and Sophie Montgomery.
Related Lawyers
Related Capabilities
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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