21.   Plaintiff incorporates each and every allegation above as though fully  plead herein.   22.   Upon information and belief the Selectee List finds its beginnings  with the “Terrorist Screening Center” (hereinafter “TSC”) established in 2003 to  consolidate the government’s approach to identifying and tracking individuals  suspected of terrorist activities and/or those individuals that are known associates  of the same.   23.   Upon information and belief, the TSC is managed by the FBI, which  develops, maintains, and amends the consolidated Terrorist Screening Database  (colloquially known as the “Terrorist Watch List”).   24.   The TSC shares information with other law enforcement agencies  such as the Transportation Security Administration (hereinafter “TSA”), and U.S.  Customs and Border Protection (hereinafter “CBP”) for use in screening travelers  entering the United States.   37.   Plaintiff incorporates each and every allegation above as though fully  plead herein.   47.   Plaintiff incorporates each and every allegation above as though fully  plead herein.   54.   Plaintiff incorporates each and every allegation above as though fully  plead herein.   55.   Defendants’ actions as described herein were arbitrary, capricious, an  abuse of discretion, otherwise not in accordance with law, and contrary to  constitutional rights, power, privilege, or immunity, and should be adjudicated as  unlawful and set aside as such pursuant to 5 U.S.C. §§ 706(2)(A) and (2)(B).    56.  Congress has instructed that procedures be established to “enable  airline passengers who are delayed or prohibited from boarding a flight because the  advanced passenger prescreening system determined that they might post a  security threat, to appeal such determination and correct information contained in  the system. 49 U.S.C. § 44903(J)(2)(C)(iii)(I).    57.  Further, Congress instructed the Executive to “establish a timely and  fair process for individuals identified as a threat . . . to appeal to the [TSA] the  determination  and  correct  any  erroneous  information.”  49  FAILURE TO PROVIDE POST-DEPRIVATION NOTICE AND HEARING  Violation of the Fifth Amendment Due Process Clause of the United States  Constitution   UNLAWFUL AGENCY ACTION                                               U.S.C. § 706  