In a unanimous decision from the Supreme Court, an Oregon man’s lawsuit against the FBI is set to move forward. The no-fly list, established post-9/11 to combat terrorism, has faced longstanding criticism for its lack of transparency and alleged discriminatory practices.
Yonas Fikre, a Muslim U.S. citizen, claims he was placed on the no-fly list in 2010 as retaliation for refusing to cooperate as an informant on fellow mosque attendees in Portland, Oregon.
After declining to become an FBI informant, Fikre alleges he traveled to the United Arab Emirates where he was arrested, tortured and interrogated at the FBI’s behest.
Fikre asserts he remained stranded overseas for years, eventually returning to the United States via private jet in 2015.
Despite eight years on the list, the FBI removed Fikre in 2016 without explanation.
The FBI contends that Fikre’s removal renders the case moot, arguing his civil suit alleging reputational harm and due process violations is now irrelevant.
Supreme Court Justice Neil Gorsuch stressed the government’s obligation to prevent future mistakes. Meanwhile, Justice Samuel Alito clarified that the FBI isn’t obliged to disclose classified information, citing airline safety and counter-terrorism efforts.
Fikre’s case will proceed in lower courts, where his claims will undergo thorough examination.