The Center for Constitutional Rights has been litigating since 2004 in an attempt to “hold accountable the high level [U.S.] administration officials responsible for sending Maher Arar to be tortured and interrogated in Syria for a year.”
[T]he first ruling, in February 2006, dismissed the case on the grounds that allowing it to proceed would harm national security and foreign relations. CCR appealed the decision, arguing before a three-judge panel in November 2007, but the Court of Appeals issued a 2-1 decision in June 2008 along similar lines
Now the Second Circuit Court of Appeals has issued a rare order sua sponte that the Arar case will be re-heard on December 9, 2008 by the court en banc.
The order is available in PDF here.