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… Affirming district court’s “dismissal of a complaint for failure to state a claim upon which relief could be granted,” “except insofar as it dismissed the claim of the alien plaintiffs relating to a violation of the First …

… The court agreed with the district court’s conclusion “that [the defendant] ‘continue[s] to suffer a present, on-going injury due to the government's continued retention of derivative material from the FISA seizure.’” 599 …

… After given notice that information obtained or derived via FISA would be offered into evidence, the defendant filed motions for discovery and suppression of the materials (pursuant to §§ 1806(e) and 1825(f)) and dismissal …