This is the second time we review the district courts dismissal of the complaint in Tooley v. Bush, No. 06-306, 2006 WL 3783142 (D.D.C.2006). After our initial consideration of the case, in Tooley v. Napolitano, 556 F.3d 836 (D.C.Cir. 2009), the government sought and we granted a rehearing in light of Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009).