Searches of public court records continue to expose the illegal actions of the U.S. Department of State in Yemen. One private attorney connected to cases in Yemen says “Issues with the U.S. Consulate in Sana’a are systemic and reach far beyond seizure of U.S. passports. That is merely the egregious tip of the iceberg. I have dealt with many Yemeni’s experiencing problems with the U.S. Consulate in Sana’a. Most non-litigation options fail, but at the same time most Yemeni nationals are afraid litigation will result in retaliation.”
If you have not read our original report on the issue, see it here.
Abdo Alarir, et al, v. Hillary Clinton, Janice Jacobs
The first case is Abdo Alarir, et al, v. Hillary Clinton, Janice Jacobs, et al, filed October 18, 2012 in the U.S. District Court for Southern New York. Mr. Alarir, a U.S. Citizen, filled paperwork to bring his children from Yemen to the U.S. One of the kids would immigrate to the U.S. on a visa (“Green Card”) and two would qualify already as American Citizens. The latter is made official when the State Department issues what is called a Consular Report of Birth Abroad (a CRBA in State-speak). The reasons why one kid gets a visa and the other two a CRBA are complex but irrelevant to what the State Department, illegally, did with this case.
Actually what State did was… nothing. The Department of Homeland Security approved the visa (it’s a two-agency process) in 2010. At State, nothing was done for three years to process the cases. As for the Consular Report of Birth for the other two kids, these can be approved within an hour, with the official documents available soon after, right at the embassy, no Homeland Security involvement required. That’s pretty much standard practice around the world. But apparently not in Yemen. So, faced with stonewalling out of the U.S. embassy in Sanaa, the American dad sued.
But back to Sanaa. Dad initially pursued the Consular Reports of Birth. He was told at an initial meeting with State on February 7, 2012 to provide more documents. He did on February 12, 2012, via DHL with a tracking number. Embassy Sanaa waited over a month until March 18, 2012 to send Dad a form letter saying the documents had not been received. Meanwhile, Dad’s lawyer was told by Homeland Security that they had done their part of the job on the visa, that the lawyer should contact the U.S. embassy in Sanaa, and to please bug State from here on out, not them. The paper trail as filed with the U.S. District Court ends there. State just dummied up and did… nothing.
The lawsuit found its way through the court system, but before the District Court could issue a decision, wham! State, without comment, apology or explanation, just up and issued the visa and Consular Reports of Birth. The case was thus closed on November 23, 2013, and a State Department fudge-up swept under the rug.
The State Department did not respond to a request for comment.
Next up is Yemeni-American Nashwan Ahmed Qassem v. Hillary Clinton, Janice Jacobs, et al. This case was filed on January 30, 2013 in the U.S. District Court for Western New York and though full documentation is not available electronically, it appears to be similar to the other cases. Embassy Sanaa illegally revoked the U.S. Citizen’s passport, he sued, State turned around and re-issued the passport before the Court could render a verdict. The State Department did not respond to a request for comment.
A third case we were able to unearth in public records is ongoing, that of Yemeni-American Hashed Mousa. This one involves a U.S. Citizen Yemeni-American grandfather, who was somehow made to “voluntarily” admit that years ago he obtained his own U.S. citizenship by fraud. Despite the law being very clear that only Homeland Security can revoke citizenship due to fraud on the original application, Embassy Sanaa just went ahead and confiscated grandpa’s U.S. passport. The embassy then waited for grandpa’s son to come in to apply for citizenship for the grandchildren, denying those applications based on a flimsy chain of a) since the embassy illegally claimed that grandpa was not a U.S. citizen b) his own son was not a U.S. citizen and therefore c) the grandkids could not be U.S. citizens. The case is 3:13-cv-05958-BHS, filed in the Western District of Washington State. The State Department did not respond to a request for comment.
It appears quite clear that something happened at the U.S. embassy in Sanaa. Whether the illegal actions against Yemeni-Americans were part of a State-sponsored process, or the actions of a local bureaucracy poorly supervised and out-of-control, are unclear and largely irrelevant. The problems with State and Sanaa grew so egregious that the National Security Council, and even Homeland Security, raised questions. Some good news; sources inside the Department of Justice suggest that whatever was going on toward Yemeni-Americans in Sanaa has tapered off under new management. State, for its part, selected the former manager as Consular Officer of the Year, promoted her, and reassigned her to a dream job in Sydney. The Consular Officer of the Year did not respond to a request for comment.
That leaves only the question of why the State Department is not seeking to resolve these cases administratively, going back through the files, identifying and reviewing “unusual” actions/inactions and moving to fix things. Instead, State is forcing American Citizens to file expensive lawsuits, which State contests to the last moment before bellying up and doing what it should have and could have done much earlier, issuing the documents it was supposed to.
It is almost as if State, even when caught red-handed in the wrong, still wants to punish those who challenge it.
BONUS: In the past, State has challenged the use of its official seal, as seen above, by this blog. Haven’t heard them this time.
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