| Arar v. Ashcroft | |
|---|---|
 | |
| Court | United States Court of Appeals for the Second Circuit |
| Full case name | Maher ARAR v. John ASHCROFT, formerly Attorney General of the United States; Larry D. Thompson, formerly Acting Deputy Attorney General; Tom Ridge, formerly Secretary for Homeland Security; James W. Ziglar, formerly Commissioner for Immigration and Naturalization Services; J. Scott Blackman, formerly Regional Director of the Eastern Regional Office of the Immigration and Naturalization Service; Paula Corrigan, Regional Director of Immigration and Customs Enforcement; Edward J. McElroy, formerly District Director of Immigration and Naturalization Services for New York District and now District Director of Immigration and Customs Enforcement; Robert Mueller, Director of the Federal Bureau of Investigation; and John Does 1-10, Federal Bureau of Investigation and/or Immigration and Naturalization Service Agents, Defendants. |
| Argued | November 9, 2007 |
| Reargued | December 9, 2008 |
| Decided | November 2, 2009 |
| Citations | Panel: 532 F.3d 157 En banc: 585 F.3d 559 |
| Case history | |
| Prior history | 414 F. Supp. 2d 250 (E.D.N.Y. 2006) |
| Court membership | |
| Judges sitting | En banc: Dennis Jacobs, Joseph M. McLaughlin, Guido Calabresi, José A. Cabranes, Rosemary S. Pooler, Robert D. Sack, Sonia Sotomayor, Barrington Daniels Parker Jr., Reena Raggi, Richard C. Wesley, Peter W. Hall, Debra Ann Livingston Panel: |
| Case opinions | |
| Majority | Jacobs, joined by McLaughlin, Cabranes, Raggi, Wesley, Hall, Livingston |
| Dissent | Sack, joined by Calabresi, Pooler, Parker |
| Dissent | Parker, joined by Calabresi, Pooler, Sack |
| Dissent | Pooler, joined by Calabresi, Sack, Parker |
| Dissent | Calabresi, joined by Pooler, Sack, Parker |
Arar v. Ashcroft, 585 F.3d 559 (2d Cir. 2009),[1] was a lawsuit brought by Maher Arar against the United States and various U.S. officials pursuant to the Torture Victim Protection Act (TVPA),[2] and the Fifth Amendment to the United States Constitution. The United States District Court for the Eastern District of New York dismissed Arar's complaint due to lack of personal jurisdiction and national security and foreign policy considerations.[3] This ruling was ultimately upheld by a divided en banc panel of the United States Court of Appeals for the Second Circuit.[1]
- ^ a b Arar v. Ashcroft, 585 F.3d 559 (2d Cir. 2009).
- ^ 28 U.S.C. § 1350.
- ^ Arar v. Ashcroft, 414 F. Supp. 2d 250 (E.D.N.Y. 2006).