No. 21-489

Ahmed Ali Muthana v. Antony Blinken, Secretary of State, et al.

Lower Court: District of Columbia
Docketed: 2021-10-04
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: citizenship citizenship-status diplomatic-immunity due-process legal-inconsistency passport passport-revocation revocation state-department state-department-certification
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2022-01-07 (distributed 2 times)
Question Presented (AI Summary)

Is the U.S. State Department's certification of an individual's diplomatic status reasonably considered conclusive and unreviewable evidence, even where it conflicts with the Department's own prior certification for the same individual, and creates legal inconsistency as to the validity of previously recognized U.S. citizenship?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Petitioner served as a diplomat from October 1990 until June 1994; his position officially terminated no later than September 1994. His daughter Hoda Muthana was born in New Jersey in late October 1994. In 2004, Petitioner applied : for a U.S. passport on her behalf. The State Department requested proof that his diplomatic position ended prior to her birth. Petitioner provided an official letter certifying that he was recognized as a diplomat and subject to accompanying immunities from 1990 until no later than September 1, 1994. Satisfied, the State Department issued . her passport and recognized her as a U.S. citizen. Ms. : Muthana renewed her passport without issue in 2014, then traveled to Syria into ISIS-controlled territory. In 2016, the State Department sent a letter revoking Ms. Muthana’s passport, claiming she was not a U.S. citizen. During litigation the government produced a new official letter, tailored to assert that Petitioner’s . . diplomatic immunity continued until February 1995, when the State Department purportedly received notice of that termination. Both lower courts accepted the government’s assertion. Both courts also treated the 2019 letter as conclusive, giving no weight to the equally credible 2004 letter despite no new facts arising. Ms. Muthana lost . her previously recognized citizenship status without due process of law, rendering her and her young son stateless. ; The question presented is: Is the U.S. State Department’s certification of an ; individual’s diplomatic status reasonably considered . : conclusive and unreviewable evidence, even where it ~ conflicts with the Department’s own prior certification for the same individual, and creates legal inconsistency as to the validity of previously recognized U.S. citizenship?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-12-17
Reply of petitioner Ahmed Ali Muthana filed.
2021-12-08
Brief of respondents Antony Blinken, Secretary of State, et al. in opposition filed.
2021-11-19
Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021.
2021-11-18
Motion to extend the time to file a response from December 3, 2021 to December 8, 2021, submitted to The Clerk.
2021-10-08
Motion to extend the time to file a response is granted and the time is extended to and including December 3, 2021.
2021-10-07
Motion to extend the time to file a response from November 3, 2021 to December 3, 2021, submitted to The Clerk.
2021-10-04
Motion (21M4) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2021-07-07
MOTION (21M4) DISTRIBUTED for Conference of 9/27/2021.
2021-06-16
Motion (21M4) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2021-06-16
Petition for a writ of certiorari filed. (Response due November 3, 2021)

Attorneys

Ahmed Ali Muthana
Christina A. JumpConstitutional Law Center for Muslims in America, Petitioner
Christina A. JumpConstitutional Law Center for Muslims in America, Petitioner
Antony Blinken, Secretary of State, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent