Saad bin Khalid, a U.S. citizen of Pakistani descent, has been barred from boarding flights in U.S. airspace since 2019. After being prohibited from boarding a flight from Pakistan to the United States, Khalid sought redress through the Department of Homeland Security Traveler Redress Inquiry Program.
The TSA provided Khalid an unclassified summary stating he "represents a threat of engaging in or conducting a violent act of terrorism and [is] operationally capable of doing so," citing concerns about his "association with a known terrorist organization" and his "candor" during a 2012 FBI interview about his activities in Pakistan.
Circuit Judge Pillard rejected Khalid's constitutional and statutory challenges, holding the redress process constitutionally adequate despite the significant restrictions on his movement. The court dismissed Khalid's claim that his reputation was damaged without adequate process, noting that "injury to reputation by itself [is] not a liberty interest protected under the Fourteenth Amendment."
Khalid's lawyers argued the TSA's decision was arbitrary and capricious, asserting "there is no appropriate, current evidence that Khalid is a threat to aviation security" and that his placement "likely" relied on "inherently unreliable statements made by Khalid's estranged mother." But Pillard held substantial evidence supported the Administrator's decision.
The court granted the government's motion to maintain classified portions of the administrative record under seal, applying the "most extraordinary circumstances" standard. The court also dismissed Khalid's Religious Freedom Restoration Act claim for lack of standing, finding his assertion that No Fly List placement would burden his ability to perform Hajj pilgrimage too speculative.