USCA Case #14-5004 Document #1570210 Filed: 08/28/2015 WILLIAMS, Senior Circuit Judge: “[A] party seeking a preliminary injunction must demonstrate, among other things, a likelihood of success on the merits.” Munaf v. Geren, 553 U.S. 674, 690 (2008) (internal quotations and citations omitted); see also Mills v. District of Columbia, 571 F.3d 1304, 1308 (D.C. Cir. 2009) (requiring a “substantial likelihood of success on the merits”) (emphasis added) (quotations and citations omitted). In this context, the “merits” on which plaintiff must show a likelihood of success encompass not only substantive theories but also establishment of jurisdiction. The “affirmative burden of showing a likelihood of success on the merits . . . necessarily includes a likelihood of the court’s reaching the merits, which in turn depends on a likelihood that plaintiff has standing.” Nat’l Wildlife Fed’n v. Burford, 835 F.2d 305, 328 (D.C. Cir. 1987) (Williams, J., concurring and dissenting). And to show standing, a plaintiff must demonstrate an “injury in fact” that is “actual or imminent, not conjectural or hypothetical.” Friends of the Earth, Inc. v. Laidlaw Envt’l Servs. (TOC), Inc., 528 U.S. 167, 180 (2000). Plaintiffs claim to suffer injury from government collection of records from their telecommunications provider relating to their calls. But plaintiffs are subscribers of Verizon Wireless, not of Verizon Business Network Services, Inc.—the sole provider that the government has acknowledged targeting for bulk collection. Gov’t’s Br. at 38; Appellees’ Br. at 26-28; see also Secondary Order, In re Application of FBI, No. BR 13-80 (FISC, Apr. 25, 2013) (Vinson, J.). Thus, unlike some others who have brought legal challenges to the bulk collection program, plaintiffs lack direct evidence that records involving their calls have actually been collected. Cf. ACLU v. Clapper, 785 F.3d 787, 801 (2d Cir. 2015) (finding that Verizon Business subscribers had standing to challenge the bulk collection program because “the government’s own orders demonstrate that appellants’ Page 11 of 21