According to a Canadian news report:
In a rare move, a U.S. appeals court has decided to reopen a failed legal challenge launched by Maher Arar, reviving hope for the Syrian-born Canadian that he will win justice in the United States for his 2002 deportation to his birth country.
The unexpected decision of the U.S. Court of Appeals in New York to rehear Arar's lawsuit against U.S. authorities follows a ruling in June that the courts have no jurisdiction over the case because the Syrian-born Canadian was never technically in the U.S. when he was arrested at New York's Kennedy Airport en route to his Ottawa home after a vacation.
"This is good news for him," said Maria Lahood, his lawyer with the New-York based Centre for Constitutional Rights.
This is good news, as it really seemed like an awful situation that the U.S. could do this to someone without any consequences.
It's very rare for the court to do this, and it's highy likely that a majority of the full panel disagrees with the 2-1 decision by the small panel, or they wouldn't take this unusual step.