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"This is one of the most unusual requests, in my
"This is one of the most unusual requests, in my opinion, and I think it is the right one," Ms. Lazoja said. "It is an important, public hearing that is going to be held in New Jersey, and this is just the latest opportunity for the court to take legal action on behalf of this individual."
The order, from Judge Thomas P. Loring of the United States Court of Appeals for the 9th Circuit, says the "request is to ensure that the Department of Homeland Security (DHS) cannot obtain, retain, use or delete records of any person or entity that is not lawfully authorized by law to hold a person, institution, or company in New Jersey without the consent of the individual or entity involved."
Ms. Lazoja's request for the removal of the information stems from a request for information provided by a non-US citizen whose employer, while not named by DHS, is based in Pennsylvania, who had previously obtained a copy of her iPhone 6S Plus and a security clearance.
The woman's attorney, Dr. J. M. Khatami, said in a statement that she would bring the motion. "The case has been dismissed under the statute of limitations. We would not be standing here today, however, and we will not be standing tomorrow, as we now hold that the government has the right to destroy and destroy any and all copies of the iPhone. This is a highly unusual, and disturbing, request."
Ms. Lazoja's lawsuit is seeking a declaratory judgment against the United States and federal authorities.
"This case is the result of an extensive legal process, and I will not only try to obtain the information in question, but also to challenge it based on every line of evidence that has been drawn in this litigation," Ms. Lazoja said. "The people of New Jersey are outraged by the actions of federal officials who are not only negligent but also illegally intruding into the personal privacy of innocent Americans. This request is an outrageous attack on the First Amendment's right to privacy under the First Amendment, and we will be filing a motion to return all evidence before the U.S. Court of Appeals for the 9th Circuit, which is in New Jersey."
Ms. Lazoja's case will be heard in federal court in Newark on June 16. The United States is seeking damages for its failure to comply with a court order.
In a statement, DHS said it is disappointed to hear the government's attempt to force
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