Al-Kidd, et al v. Gonzales, et al, No. 06-36059 (9th Cir. 2011)

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This opinion or order relates to an opinion or order originally issued on March 18, 2010.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ABDULLAH AL-KIDD, Plaintiff-Appellee, v. JOHN ASHCROFT, Attorney General, Defendant-Appellant. ï£¼ ï£½ No. 06-36059 D.C. No. CV-05-00093-EJL District of Idaho, Boise ï£¾ ORDER On Remand From The United States Supreme Court Filed August 3, 2011 Before: Harry Pregerson,1 Carlos T. Bea, and Milan D. Smith, Jr., Circuit Judges. ORDER Pursuant to the Opinion of the Supreme Court in Ashcroft v. al-Kidd, 131 S. Ct. 2074 (2011), the district court s denial of Defendant Ashcroft s motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) is REVERSED, and the matter is REMANDED for proceedings consistent with the Supreme Court s Opinion. 1 Judge Harry Pregerson was substituted for the late Judge David R. Thompson. See General Order 3.2(g). 10043

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