Arjmand v. U.S. Department of Homeland Security
745 F.3d 1300
9th Cir.2014Background
- Arjmand, a U.S. citizen born in Iran, seeks to know his watchlist status and obtain removal from all government watchlists.
- He was detained and searched by U.S. officers before boarding a flight and again at LAX after returning from Mexico, but has never been barred from flying.
- He filed a DHS TRIP complaint alleging misidentification and possible discrimination based on race, religion, ethnicity, or national origin.
- DHS issued a letter stating it reviewed the case and may have corrected records, but did not disclose TSDB status or explain why screening occurred, and indicated relief is reviewable under § 46110.
- DHS TRIP reviews determine TSDB matches and refer to TSC for independent review; TSDB status is not disclosed due to national security.
- The Ninth Circuit lacks § 46110 jurisdiction to review TSC orders and transfers the case to the Central District of California under 28 U.S.C. § 1631.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction under §46110 to review TSDB-related reliefs | Arjmand seeks watchlist status and removal | §46110 does not cover TSC orders and relief requested | Lacks original jurisdiction; transfers granted to district court. |
| Whether Arjmand can obtain removal from TSDB or disclosure via §46110 | Seeks removal or disclosure | Removal/disclosure not available under §46110 | Remedy not available; jurisdiction lacking. |
| Whether the case should be transferred to the district court | N/A | N/A | Transfer to Central District of California appropriate under §1631. |
| Whether Latif precedent applies to DHS TRIP challenges | Latif supports relief from TSDB | Latif controls TSDB removal claims; not achievable here | Latif applies; jurisdictional issues persist under §46110. |
Key Cases Cited
- Latif v. Holder, 686 F.3d 1122 (9th Cir. 2012) (§ 46110 does not grant circuit jurisdiction over review of TSDB removals; TSA/TSC relationship controls)
- Ibrahim v. Dep’t of Homeland Sec., 538 F.3d 1250 (9th Cir. 2008) (§ 46110 does not authorize review of TSC orders)
- Clark v. Busey, 959 F.2d 808 (9th Cir. 1992) (statutory interpretation of statute governing review)
- City of Alameda v. F.A.A., 285 F.3d 1143 (9th Cir. 2002) (transfer remedies may cure jurisdictional defects)