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YOUSUF v. SAMANTAR

No. 11-1479.

699 F.3d 763 (2012)

Bashe Abdi YOUSUF; John Doe 1; John Doe 2; Aziz Deria, Plaintiffs-Appellees, and John Doe 3; John Doe 4; Jane Doe 1, Plaintiffs, v. Mohamed Ali SAMANTAR, Defendant-Appellant. United States of America, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 2, 2012.

Attorney(s) appearing for the Case

ARGUED: Joseph Peter Drennan , Alexandria, Virginia, for Appellant. James Edward Tysse , Akin, Gump, Strauss, Hauer & Feld, LLP, Washington, D.C., for Appellees. Lewis Yelin , United States Department of Justice, Washington, D.C., for Amicus Supporting Appellees. ON BRIEF: Natasha E. Fain , Center for Justice & Accountability, San Francisco, California; Patricia A. Millett , Steven H. Schulman , Akin, Gump, Strauss, Hauer & Feld, LLP, Washington, D.C., for Appellees. Harold Hongju Koh , Legal Adviser, Department of State, Washington, D.C.; Tony West , Assistant Attorney General, Douglas N. Letter , United States Department of Justice, Washington, D.C.; Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Amicus Supporting Appellees.

Affirmed by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge KING and Judge DUNCAN joined.

OPINION

TRAXLER, Chief Judge:

For the second time in this case, we are presented with the question of whether Appellant Mohamed Ali Samantar enjoys immunity from suit under the Torture Victim Protection Act of 1991 ("TVPA"), see Pub.L. 102-256, 106 Stat. 73 (1992), 28 U.S.C. § 1350 note, and the Alien Tort Statute ("ATS"), see 28 U.S.C. § 1350. In the previous appeal, we rejected Samantar's claim to statutory immunity under the Foreign...

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