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1. Jamma claims that, under
the federal statute concerning
the detention and removal of
aliens, removal can only be
implemented when the country
involved will accept the deported
individual. The understood meaning
of "removal" is that the United
States must remove an individual
from within its jurisdiction
to another jurisdiction. This
would not be the case when there
is no acceptance.
2. The statute does not grant
discretion to the Attorney General
to make decisions such as this
one. If Congress had intended
to do so, it would have plainly
stated that in the statute.
3. The history of court decisions
dealing with this issue would
bar a ruling that the Attorney
General can deport someone to
a country that will not accept
him and that lacks a functioning
government.
4. Deporting a refugee to his
home country without the receiving
country's acceptance will adversely
effect our foreign relations
with other nations. In addition,
aliens will be subject to mistreatment
following their removal from
the United States.
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1. It is an established principle
of international law that a
country must accept the return
of its own nationals when a
foreign state seeks to expel
them. Somalia's lack of a functioning
central government means that
the customary diplomatic difficulties
inherent to removal without
acceptance are absent, but it
does not follow that the United
States should be required to
proceed as though an existing
foreign government had refused
to accept its national's return.
2. The Court should defer
to the executive branch in its
interpretation of that provision,
because the executive branch
has traditionally had the dominant
role in matters of foreign relations.
3. The statute does not contain
any language on a requirement
that a deportee's country accept
him back, but it does list many
matters on which the Attorney
General may exercise broad discretion,
thereby expressing a general
intent that the executive branch
should have the final say in
these decisions.
4. Because the executive branch
has discretion in such matters,
it can decide when removal without
acceptance would hinder foreign
relations and act accordingly.
The Immigration and Nationality
Act contains many provisions
addressing concerns of mistreatment
following deportation, but Jama
falls under an exclusion to
that act and therefore these
protections are not available
to him.
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