Case 1:11-cv-00050-AJT-MSN Document 188 Filed 04/13/15 Page 1 of 5 PageID# 2278

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION
__________________________________________
)
GULET MOHAMED,
)
)
Plaintiff,
)
)
v.
) Case No. 1:11-CV-0050
)
ERIC H. HOLDER, JR., in his official capacity as )
Attorney General of the United States, et al.,
)
)
Defendants.
)
__________________________________________)
NOTICE REGARDING NEW REDRESS PROCEDURES
As reflected in prior filings in this case, the Government has been in the process of
revising its redress procedures for claims involving denials of boarding on covered aircraft, see
49 C.F.R. § 1560.3, submitted through the Department of Homeland Security Traveler Redress
Inquiry Program (known as DHS TRIP). This revision process has been directed at improving
the redress procedures, including by increasing transparency relating to the No Fly List. In
connection with this effort, while the Government’s revision process was ongoing, certain
individual DHS TRIP inquiries — such as those submitted by plaintiffs in Latif v. Holder, No.
3:10-750 (D. Or.), Tarhuni v. Holder, No. 3:13-001 (D. Or.), and Fikre v. FBI, No. 3:13-899 (D.
Or.) — have been reopened and reevaluated under revised procedures. In accordance with
Defendants’ prior representation that they would notify the Court when these revised procedures
would be made available to similarly situated U.S. persons, Defendants now provide notice that
such procedures are now available.
Under the previous redress procedures, individuals who had submitted inquiries to DHS
TRIP generally received a letter responding to their inquiry that neither confirmed nor denied

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their No Fly status. Under the newly revised procedures, a U.S. person who purchases a ticket, is
denied boarding at the airport, subsequently applies for redress through DHS TRIP about the
denial of boarding, and is on the No Fly List after a redress review, will now receive a letter
providing his or her status on the No Fly List and the option to receive and/or submit additional
information. If such an individual opts to receive and/or submit further information after
receiving this initial response, DHS TRIP will provide a second, more detailed response. This
second letter will identify the specific criterion under which the individual has been placed on
the No Fly List and will include an unclassified summary of information supporting the
individual’s No Fly List status, to the extent feasible, consistent with the national security and
law enforcement interests at stake. The amount and type of information provided will vary on a
case-by-case basis, depending on the facts and circumstances. In some circumstances, an
unclassified summary may not be able to be provided when the national security and law
enforcement interests at stake are taken into account.
This second letter will also provide requesters an opportunity to be heard further
concerning their status. Written responses from such individuals may be submitted and may
include exhibits or other materials the individual deems relevant. Upon DHS TRIP’s receipt of
an individual’s submission in response to the second letter, the matter will be reviewed by the
Administrator of the Transportation Security Administration (TSA) or his/her designee in
coordination with other relevant agencies, who will review the submission, as well as the
unclassified and classified information that is being relied upon to support the No Fly listing, and
will issue a final determination. TSA will provide the individual with a final written
determination, providing the basis for the decision (to the extent feasible in light of the national

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security and law enforcement interests at stake) and will notify the individual of the ability to
seek further judicial review under 49 U.S.C. § 46110.
The Government will be closely monitoring the initial implementation of these newly
revised procedures on an interagency basis, and will, as circumstances warrant, consider whether
further revisions to the process are necessary. As previously stated, the Government stands
ready to apply the new redress procedures to Plaintiff should he choose to avail himself of them.

Dated: April 13, 2015

Respectfully submitted,
BENJAMIN C. MIZER
ACTING ASSISTANT ATTORNEY GENERAL
CIVIL DIVISION
DANA BOENTE
UNITED STATES ATTORNEY
ANTHONY J. COPPOLINO
DEPUTY BRANCH DIRECTOR
FEDERAL PROGRAMS BRANCH
JOSEPH C. FOLIO III
SAMUEL M. SINGER
TRIAL ATTORNEYS
U.S. DEPARTMENT OF JUSTICE
CIVIL DIVISION, FEDERAL PROGRAMS BRANCH
20 MASSACHUSETTS AVENUE, N.W.
WASHINGTON, D.C. 20001
TELEPHONE: (202) 305-4968
FAX:
(202) 616-8460
E-MAIL:
joseph.folio@usdoj.gov
_/S/______________________________
R. JOSEPH SHER
ASSISTANT UNITED STATES ATTORNEY
OFFICE OF THE UNITED STATES ATTORNEY
JUSTIN W. WILLIAMS UNITED STATES ATTORNEYS
BUILDING
2100 JAMIESON AVE.,
ALEXANDRIA, VA. 22314
TELEPHONE: (703) 299-3747
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FAX:
E-MAIL

(703) 299-3983
JOE.SHER@USDOJ.GOV

ATTORNEYS FOR THE DEFENDANTS

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CERTIFICATE OF SERVICE
I certify that I electronically filed the foregoing with the Clerk of Court using the
CM/ECF system, which will send a notification of such filing (NEF) to the following counsel of
record:
Gadeir I. Abbas
The Law Office of Gadeir Abbas
1155 F Street NW, Suite 1050
Washington, DC 20004
Phone: 720-251-0425
Fax: 720-251-0425
gadeir.abbas@gmail.com

DATED: APRIL 13, 2015
_/S/______________________________
R. JOSEPH SHER
ASSISTANT UNITED STATES ATTORNEY
OFFICE OF THE UNITED STATES ATTORNEY
JUSTIN W. WILLIAMS UNITED STATES ATTORNEYS’
BUILDING
2100 JAMIESON AVE.,
ALEXANDRIA, VA. 22314
TELEPHONE: (703) 299-3747
(703) 299-3983
FAX:
E-MAIL
JOE.SHER@USDOJ.GOV

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