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MUTHANA v. POMPEO

No. 19-5362.

985 F.3d 893 (2021)

Ahmed Ali MUTHANA, Individually, and as Next Friend of Hoda Muthana and Minor John Doe, Appellant v. Michael R. POMPEO, in His Official Capacity as Secretary of the Department of State, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 2021.

Attorney(s) appearing for the Case

Christina A. Jump , argued the cause for appellant. With her on the briefs was Charles D. Swift , Franklin, NC.

Scott G. Stewart , Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Joseph H. Hunt , Assistant Attorney General, William C. Peachey , Director, Office of Immigration Litigation, Anthony D. Bianco , Senior Litigation Counsel, Christopher A. Bates , Senior Counsel, and Joseph F. Carilli Jr. , Trial Attorney.

John C. Eastman , Orange, CA, and Anthony T. Caso , Sacramento, CA, were on the brief for amicus curiae Center for Constitutional Jurisprudence in support of appellees.

Opinion concurring in the judgment filed by Circuit Judge Tatel.

Hoda Muthana grew up in the United States, but at age twenty left college to join the Islamic State of Iraq and Syria ("ISIS"). After marriage to two different ISIS fighters, Hoda now seeks to return to the United States with her son, John Doe. The State Department maintains that Hoda is not a citizen and has no right to return...

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