In Maniar v. Noem, (D DC, April 1, 2026), a D.C. federal district court dismissed a suit brought by plaintiffs, husband and wife, who are U.S. citizens of Pakistani national origin, and are practicing Muslims. Plaintiffs were originally placed on the federal government's no-fly list. They were subsequently removed from it but remain in the Terrorist Screening Data Set and the Selectee List subset. They allege that the difficulties they have encountered in their air travel violate their due process and religious exercise rights. The court said in part:
... Ms. Shaikh has failed to allege any burden to her air travel beyond having to obtain her boarding pass from a ticketing agent and the boarding pass being designated for secondary screening.... Compared to delays faced by everyday air travelers, ... Ms. Shaikh’s allegations are mere inconveniences....
As to Mr. Maniar’s travel experience, Defendants argue that the bulk of his allegations stem from actions of foreign agents, and “the actions taken by [other countries] are not redressable by this Court.”...
Moreover, Plaintiffs alleged status on the Selectee List does not affect their ability to travel within the United States by any other mode of transportation....
Plaintiffs allege that because of the treatment that Mr. Maniar was subject to in Pakistan, he and his wife are concerned that they will be subject to similar treatment if they were to attempt to travel internationally to fulfill their religious obligations....
... Plaintiffs cite no authority to support their argument that a fear of traveling violates their right to religious expression. Thus, for the same reasons that Plaintiffs failed to allege a deprivation of their right to travel, they have failed to allege any deprivation of their right to practice their religion freely....
Here, Plaintiffs’ claim is premised on the assertion that they will be unable to travel to complete Hajj. However, ... Plaintiffs have failed to allege that their status on the Selectee List has resulted in significant, frequent travel delays, let alone an inability to travel at all....
... Plaintiffs have failed to allege facts supporting the claim that their freedom of movement is burdened, much less substantially burdened.... Since they have failed to do so, they have failed to plausibly allege a violation of the RFRA....
