A unanimous U.S. Supreme Court ruled Tuesday that the FBI cannot escape a lawsuit over an individual’s placement on the “No Fly List” simply by taking him off the list, saying the government has failed to show the case is moot.

The high court’s ruling means Yonas Fikre, a U.S. citizen from Sudan, can—for now—pursue his claim that the FBI violated his constitutional right to due process when it placed him on the list roughly eight years ago. He says the placement left him stranded abroad for four years and led to his torture in the United Arab Emirates.