USDOJ Drops US Embassy Yemen Passport Revocation Case Sans Explanation

Posted: 2:16 am ET
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On October 13, 2015, the U.S. District Court of the Northern District of California ordered the State Department to return the U.S. passport of Yemeni-American Mosed Shaye Omar which was revoked “based on the involuntary statement he provided at the U.S. Embassy in Sana’a on January 23, 2013.” (See Court orders @StateDept to return Yemeni-American’s improperly revoked U.S.passport). In February 2016, the U.S. District Court of the Northern District of California issued a cross motions for summary judgment: “This lawsuit presents the question of whether the United States government may revoke a United States citizen’s passport based solely on a purported “confession” that the citizen did not write, dictate, read, or have read to him, but did in fact sign. On the record before the Court, the answer is no.” (see more Omar v. Kerry, et.al: Passport Revocation “Arbitrary and Capricious,” New Hearing Ordered Within 60 Days).

On October 5, 2016, the United States Attorney for the Northern District of California asked to drop the case “without prejudice.”  We’re wondering how many more of these revocation cases would mow be dropped and sealed in court.

Via Politico:

Federal prosecutors — acting abruptly and without public explanation — have moved to drop a controversial criminal passport fraud case that critics alleged stemmed from coercive interrogations at the U.S. embassy in Yemen.

Earlier this year, a grand jury in San Francisco indicted Mosed Omar on passport fraud charges linked to a statement he signed during a 2012 visit to the U.S. diplomatic post in the unstable Middle Eastern nation.
[…]

Thursday afternoon, prosecutors submitted a brief court filing asking to drop the criminal case “without prejudice,” meaning it could be refiled. U.S. District Court Judge Charles Breyer will need to approve the dismissal of the case.

Spokesmen for the U.S. Attorney’s Office in San Francisco did not respond to messages seeking an explanation for the sudden move.
[…]
In response to a query Thursday from POLITICO, a spokesman for State Inspector General Steve Linick confirmed that an inquiry is underway into the allegations about improper passport revocations

“In June 2016, State OIG’s Office of Evaluations and Special Projects initiated a review of the Department’s processes of passport confiscations and revocations at the US Embassy Sanaa, Yemen,” spokesman Doug Welty said. He offered no additional details on the review.

If the case against Omar went forward, prosecutors might have been obligated to turn over to the defense some or all records of the IG review. That prospect may have contributed to the proposed dismissal, but there was no direct indication.

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Yemen Non-Evacuation: Court Refuses to Second-Guess Discretionary Foreign Policy Decisions

Posted: 4:38 am ET
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The State Department’s Yemen Crisis page notes that due to deteriorating situation, it suspended embassy operations on February 11, 2015, and U.S. Embassy Sana’a American staff were relocated out of the country.  “All consular services, routine and emergency, continue to be suspended until further notice. The Department notified the public of this move, and its impact on consular services, and urged U.S. citizens in Yemen to depart while commercial transportation was available.”

The U.S. Embassy in Sanaa went on mandatory evacuation in May 2011 (see US Embassy Yemen Now on Ordered Departure), and again in August 2013 (see US Embassy Yemen Now on Ordered Departure) and November 2014 (see US Embassy Yemen on Ordered Departure Once Again). In July 2014, the State Department issued a Travel Warning, see New Travel Warning for Yemen — Don’t Come; If In Country, Leave! But Some Can’t Leave).

See our other posts:

The case below was filed on April 9, 2015 by a Nora Ali Mobarez, a United States citizen residing in Yemen.  She was joined by “25 other people, all of whom are U.S. citizens or permanent residents with Yemeni connections” in filing a cases against the Secretaries of State and Defense and seeking a court order to “compel Defendants to comply with an alleged duty of the Executive Branch to provide a means of evacuation from Yemen for them or their relatives.”

Excerpt from the Memorandum of Opinion dated May 17, 2016 by Judge Ketanji Brown Jackson of the U.S. District Court for the District of Columbia:

Plaintiff Nora Ali Mobarez, a United States citizen, is currently residing in the war-torn and conflict-ridden Republic of Yemen. (See Compl., ECF No. 2, ¶¶ 4, 55– 59.) Mobarez has joined with 25 other people, all of whom are U.S. citizens or permanent residents with Yemeni connections, to file the instant official-capacity complaint against the Secretary of the Department of State (“State”) and the Secretary of the Department of Defense (“DOD” and, collectively, “Defendants”). These plaintiffs seek a court order to compel Defendants to comply with an alleged duty of the Executive Branch to provide a means of evacuation from Yemen for them or their relatives. (See id. ¶¶ 3–24, 29–77.) Specifically, their complaint asserts that the United States has closed its embassy in Sana’a, Yemen, has evacuated embassy staff, and has removed Marines from the country, but that the U.S. government has yet to execute any plan to secure the safe removal of private American citizens. (See id. ¶¶ 34–36, 77.) According to Plaintiffs, Defendants’ forbearance violates the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701–06, insofar as Defendants “have failed to provide through direct military assistance or contracting with commercial entities the necessary equipment, ships, airplanes, and other items that are available to Defendants to [e]nsure the security, safety, and well-being of United States citizens[,]” and have therefore “unlawfully withheld and/or unreasonably delayed agency action to which the Plaintiffs are entitled” and/or “have taken action that is arbitrary and capricious and an abuse of discretion and not in accordance with law[.]” (Id. ¶ 81.)

Before this Court at present is Defendants’ Motion to Dismiss the instant complaint. (See Defs.’ Mot. to Dismiss (“Defs.’ Mot.”), ECF No. 8.) Defendants contend that Plaintiffs are wrong about the existence of any duty to evacuate them. (See Defs.’ Reply in Supp. of Defs.’ Mot. (“Reply”), ECF No. 12, at 6–8.)1 Furthermore, as a threshold matter, Defendants insist that legal claims such as the ones Plaintiffs bring here require the judiciary to second-guess the discretionary foreign- policy decisions of the Executive Branch, and thus, are nonjusticiable under the political-question doctrine. (See Defs.’ Mem. in Supp. of Defs.’ Mot. (“Defs.’ Mem.”), ECF No. 8-1, at 12–14.)

On March 31, 2016, this Court issued an order GRANTING Defendants’ Motion to Dismiss Plaintiffs’ complaint. (See Order, ECF No. 13.) The instant Memorandum Opinion explains the Court’s reasons for that order. In short, the Court agrees with Defendants’ justiciability argument, and has therefore concluded that it lacks jurisdiction to entertain Plaintiffs’ complaint.
[…]
Plaintiffs have asked this Court, in no uncertain terms, to issue an order that compels the Executive Branch to conduct an evacuation of American citizens in Yemen. Not surprisingly, Defendants insist that any such order would impermissibly encroach upon the discretion that the Constitution affords to the political branches to conduct foreign affairs; therefore, prior to considering Defendants’ contention that Plaintiffs’ complaint fails to state a claim under the APA, this Court must first determine whether or not it has the authority to traverse the thicket of thorny foreign-policy issues that encompasses Plaintiffs’ allegations. Precedent in this area makes it crystal clear that federal courts cannot answer “political questions” that are presented to them in the guise of legal issues, see infra Part III.A., but identifying which claims qualify as nonjusticiable political questions—and which do not—can sometimes be a substantially less lucid endeavor. Not so here: as explained below, after considering the parties’ arguments and the applicable law regarding the boundaries of the political-question doctrine, this Court is confident that Plaintiffs’ claims fit well within the scope of the nonjusticiability principles that the Supreme Court and D.C. Circuit have long articulated. Accordingly, in its Order of March 31, 2016, the Court granted Defendants’ motion and dismissed Plaintiffs’ case.
[…]
It cannot be seriously disputed that “decision-making in the fields of foreign policy and national security is textually committed to the political branches of government.” Schneider, 412 F.3d at 194; see also id. at 194–95 (collecting the various explicit “[d]irect allocation[s]” in the Constitution of those responsibilities to the legislative and executive branches). And, indeed, Plaintiffs seek to have this Court question the Executive Branch’s discretionary decision to refrain from using military force to implement an evacuation under the circumstances described in the complaint, despite the fact that, per the Constitution, it is the President who, as head of the Executive Branch and “Commander in Chief[,]” U.S. Const. Art. II, § 2, decides whether and when to deploy military forces, not this Court. See El-Shifa, 607 F.3d at 842 (explaining that a claim “requiring [the court] to decide whether taking military action was wise” is a nonjusticiable “policy choice[] and value determination[]” (second and third alterations in original) (internal quotation marks and citation omitted)).

Plaintiffs’ suggestion that the court-ordered remedy they seek could very well stop short of a direct mandate for military intervention (see Pls.’ Opp’n at 15 (asserting that “[t]his Court can order Defendants to [effectuate the evacuation] by simply directing the evacuation to happen and leaving it to Defendants to determine the means”)) makes no difference, as far as the political-question doctrine is concerned. Regardless, the clear basis for the complaint’s assertion that Plaintiffs are entitled to any relief at all is the contention that the Executive Branch has abused its discretion— in APA terms—in refusing to evacuate U.S. citizens from Yemen thus far (see, e.g., Compl. ¶ 81), and the Court’s evaluation of that contention would necessarily involve second-guessing the “wisdom” of these agencies’ discretionary determinations.
[…]
[T]he “strategic choices directing the nation’s foreign affairs are constitutionally committed to the political branches[,]” and once it becomes clear that a plaintiff wishes the courts to “reconsider the wisdom of discretionary foreign policy decisions[,]” the judicial inquiry must end.

Read the Memorandum of Opinion here (PDF) or read below:

 

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Omar v. Kerry, et.al: Passport Revocation “Arbitrary and Capricious,” New Hearing Ordered Within 60 Days

Posted: 3:51 am EDT
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Back in April 2015, a San Francisco man sued the State Department in federal court, claiming that American embassy officials in Yemen illegally revoked his passport and left him stranded in that country for more than a year. This passport revocation case was just one in a string of lawsuits alleging improper revocation of passports by the U.S. Embassy in Yemen.

On October 13, the U.S. District Court of the Northern District of California ordered the State Department to return the U.S. passport of Yemeni-American Mosed Shaye Omar which was revoked “based on the involuntary statement he provided at the U.S. Embassy in Sana’a on January 23, 2013.” (See Court orders @StateDept to return Yemeni-American’s improperly revoked U.S.passport).

On February 16, the U.S. District Court of the Northern District of California issued a cross motions for summary judgment:

This lawsuit presents the question of whether the United States government may revoke a United States citizen’s passport based solely on a purported “confession” that the citizen did not write, dictate, read, or have read to him, but did in fact sign. On the record before the Court, the answer is no.

Plaintiff Mosed Shaye Omar, a United States citizen, challenges the revocation of his passport following his interrogation and detention at the U.S. Embassy in Sana’a, Yemen. Plaintiff was stranded in Yemen for 13 months before he was provided written notice of the basis for his passport revocation and granted a temporary passport to return home to the United States. Plaintiff challenges the passport revocation and the constitutionality of the post-revocation proceedings wherein he sought return of his passport. The Court previously granted Plaintiff’s motion for a preliminary injunction and ordered the government to return Plaintiff’s passport. The now pending cross-motions for summary judgment followed. Having considered the parties’ submissions, including their supplemental briefs, and having had the benefit of oral argument on December 17, 2015, the Court GRANTS Plaintiff’s motion for summary judgment and DENIES the government’s cross-motion. The government’s revocation of Plaintiff’s passport predicated solely on his “confession” was arbitrary and capricious. The matter is therefore REMANDED for a new hearing within 60 days.
[…]
[T]he only evidence in the record regarding the statement—other than the statement itself—is Plaintiff’s declaration attesting that he had no knowledge of what he was signing and that he was coerced into signing the statement based on the government’s false representation that if he did so he would obtain his and his daughter’s passports. The government does not offer any other evidence, including any evidence as to how the statement came about. On this record the statement itself is not substantial evidence supporting the government’s revocation decision.

Judge Jacqueline Scott Corley further writes:

It is inconceivable that Plaintiff would bear the burden of proving that he did not use a false name in obtaining his passport where he had no right to know the evidence against him in advance. Such a practice would run afoul of the fundamental nature of our system of justice. 

The court record notes that “Plaintiff, through his counsel, repeatedly asked for a copy of the statement upon which his passport revocation was based; however, the government refused to provide it until the parties exchanged simultaneous briefs seven days before the hearing. (AR 83-90.) The government similarly declined counsel’s request for a continuance of the hearing to allow counsel to prepare as they were only retained a month before the hearing. (AR 52-55.)”

The court has remanded the case to the State Department for a new hearing within 60 days:

The Court thus remands for a new hearing within 60 days. 22 C.F.R. § 51.70(c). As noted above, the government shall bear the burden of establishing that Plaintiff’s passport was properly revoked pursuant to 22 C.F.R. § 51.62(a)(2). Both parties agree, and indeed request, that the Court retain jurisdiction following remand. Because it is within the Court’s discretion to do so, the Court agrees to retain jurisdiction pending the remand.

For the reasons stated above, the Court GRANTS Plaintiff’s motion for summary judgment and DENIES Defendant’s motion for summary judgment. This matter is remanded to the State Department for proceedings consistent with this Order, including a new hearing within 60 days under 22 C.F.R. § 51.70(c). The Court’s preliminary injunction remains in effect and Plaintiff shall retain possession of his passport during these administrative proceedings, and until he is afforded a full and fair hearing regarding the government’s allegation that Plaintiff’s passport is subject to revocation under 22 C.F.R. § 51.62(a)(2).8 Within 30 days of the conclusion of the administrative proceedings, the parties shall provide a joint status report detailing how they wish to proceed.

Read the full document below or see the  original post here.

 

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Coalition of Civil Rights Groups Seek State/OIG Investigation Into US Embassy Yemen’s Passport Revocations

Posted: 1:01 am EDT
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The Asian Americans Advancing Justice-Asian Law Caucus and  Creating Law Enforcement Accountability & Responsibility (CLEAR) Project of CUNY School of Law have submitted Stranded Abroad: Americans Stripped of Their Passports in Yemen to the State Department Office of Inspector General requesting that the OIG investigate the State Department and U.S. Embassy Yemen “for confiscating and revoking U.S. passports contrary to regulations, policies, and guidelines.” 

The groups alleged confiscation and revocation without notice, failure to provide direct return passports upon confiscation, collateral attacks on citizenship/proxy denaturalization, coercive interrogations and inadequate investigations prior to passport revocation.  The complaint named seven officials who were then assigned to the US Embassy Yemen and at the State Department who the groups say are aware of the pattern of revocation and “likely to have information that can assist the OIG’s investigation.” The complaint says that the  “inclusion of their names in this report is not intended to imply that they have engaged in any wrongdoing.” (see appendices)

The letter  (PDF) addressed to IG Steve Linick was sent by civil rights and civil liberties groups that include the American Arab Anti-Discrimination Committee,  American Civil Liberties Union, Arab American Institute, Arab Resource & Organizing Center, Asian Americans Advancing Justice, Center for Constitutional Rights, Council on American-Islamic Relations, Creating Law Enforcement Accountability and Responsibility at CUNY Law School, Muslim Advocates, and the Northwest Immigrant Rights Project.

 

 

Read the 44-page complaint below:

 

A related note, we must have missed this one, Al Jazeera did a piece on this back in January 2014 (See Yemeni-Americans cry foul over passport revocations). Below is an excerpt from that piece with an unnamed State Department official:

State Department official familiar with the issue — and who spoke on condition of anonymity — told Al Jazeera that a majority of the passport revocations in Sana’a follow a similar pattern. “Virtually all of the statements say that the individual naturalized under a false identity,” he said. “They appear to be involuntary.”

According to the official, an internal investigation determined that the statements those revocations were based on were obtained under “confrontational” circumstances, with individuals alone in an interview room with an investigative officer and an interpreter who, the official said, treated their subjects “aggressively.”

“We’re talking about an inherently coercive and intimidating environment, without any independent supervision of the interrogator and his translator,” said the official.

A sample of the alleged involuntary statement is included in the complaint (see Appendix B). If the voluntary statements in these revocation cases are anything like those exhibited in Mosed Shaye Omar v. John Kerry, et.al. this would be a great mess.

Back in November, following the federal court decision in Omar v. Kerry ordering the State Department to return the passport improperly revoked by the State Department, we asked State/OIG about this trend and we were told that the OIG does not have “anything on this issue on which it can comment.” It was suggested that we check with Consular Affairs. And of course, we have previously asked the bureau about this, but we do not really expect them to address this in terms of oversight.

The court documents in the Omar case suggest that Consular Affairs is revoking U.S. passports contrary to the rules in the Foreign Affairs Manual. But this is not the only case. If all similar cases have the same threshold as the Omar case, it is deeply troubling not only because the revocation appears not to follow State Department’s written guidance, State also never seek to denaturalized the plaintiff.  Which basically leaves the plaintiff still a citizen of this country  but unable to travel anywhere.

We have been troubled by this practice but particularly by the allegations of coercion. We have had a difficult time understanding why Yemeni-Americans would incriminate themselves voluntarily and admit to something that obviously is detrimental not only to their welfare but also their future.  That defies human nature.

And no, we don’t believe that Consular Affairs is the right entity to review its own practices when it comes to these allegations. We’re hoping that State/OIG will look into this as part of its oversight responsibility of the State Department.

 

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Why Are Court Cases Related to US Passports and Immigrant Visas in Yemen and Pakistan Sealed?

Posted: 2:51 am EDT
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This past October, we blogged that the U.S. District Court of the Northern District of California ordered the State Department to return the U.S. passport of Yemeni-American Mosed Shaye Omar which was revoked “based on the involuntary statement he provided at the U.S. Embassy in Sana’a on January 23, 2013” (see Court orders @StateDept to return Yemeni-American’s improperly revoked U.S.passport).

While researching another court case, we discovered the Hasan v. State Department case. This is a case where the petitioner asked for judicial review of a US Embassy Yemen consular official’s decision of ineligibility for an immigrant visa on behalf of a minor child. Following the filing of this case and the closure of the US Embassy in Sanaa, the US Embassy in Cairo apparently became the post designated to handle visa applications from Yemen. US Embassy Cairo reviewed the prior ineligibility, reversed US Embassy Sana’a’s decision and issued the immigrant visa. The parties subsequently agreed to dismissed this case with prejudice at no cost to Mr. Hasan or the State Department.  Except for the court ruling stipulating the dismissal of the case, all other files related to this case are sealed in court.

Screen Shot 2015-11-09 at 10.23.28 PM

1:15-cv-04312-GHW | Hasan v. U.S. Department of State et al.

A closer look at other cases filed in the New York District Court indicates several other court cases against the State Department, US Embassy Yemen, US Embassy Pakistan, Ambassador Matthew Tueller, Ambassador Richard Olson and related federal agencies have also been sealed.

We suspect that these are cases related either to U.S. passport revocations, non-issuance of U.S. passports or immigrant visas in Yemen and Pakistan.

Following the federal court decision ordering the State Department to return the passport improperly revoked by the State Department, we asked State/OIG about this trend and we’re told that the OIG does not have “anything on this issue on which it can comment.” It was suggested that we check with Consular Affairs. And of course, we have previously asked CA about this, but we do not really expect them to address this in terms of oversight.

The court documents in the Omar case suggest that Consular Affairs is revoking U.S. passports contrary to the rules in the Foreign Affairs Manual. But this is not the only case. If all similar cases have the same threshold as the Omar case, it is deeply troubling not only because the revocation appears not to follow State Department’s written guidance, State also never seek to denaturalized the plaintiff.  Which basically leaves the plaintiff still a citizen of this country  but unable to travel anywhere.

Which brings us to the question as to why these court files are sealed in court. It is possible that these cases all relate to minor children, could that be the reason for sealing the court records? Or is it something else?

Below are some of the cases we’ve located; all sealed unless noted otherwise:

1:15-cv-06425-NGG  | Abdu v. U.S. Department of State et al — filed on 11/10/2015. Defendants include Secretary Kerry  and US Ambassador to Yemen Matthew Tueller.

1:15-cv-05684-FB | Alzonkary et al v. Holder et al — filed on 10/02/2015. Defendants include Secretary Kerry, US Embassy Yemen’s Ambassador Tueller and CA’s Michelle Bond.

1:15-cv-05587-JG | Mansour Fadhil et al (on behalf of minor children). Defendants include Secretary Kerry.

1:15-cv-06436-FM | Al Zokary v. United States Department of State et al. Defendants include Secretary Kerry and US Embassy Yemen’s Ambassador Tueller

1:15-cv-04312-GHW  | Hasan v. U.S. Department of State et al. Defendants include Secretary Kerry and US Embassy Yemen’s Ambassador Tueller. The case was dismissed in August 2015 with a stipulation that it be dismissed with prejudice and without costs or attorney’s fees to either party. All files except the Stipulation are sealed.

1:15-cv-01767-ILG  | Hasan et al v. U.S. Department of State et al. Defendants include Secretary Kerry and US Ambassador to Pakistan Richard Olson.

1:14-cv-07093-PAC | Issa et al v. Holder et al. Defendants include Secretary Kerry and US Embassy Yemen’s Ambassador Tueller.

1:14-cv-02584-ER | Alsaidi v. U.S. Department of State et al. Defendants include Secretary Kerry and Karen H. Sasahara in her official capacity as charge d’affaires ad interime of the U.S. embassy in Sana’a, Yemen.  The case was dismissed in 2014 with a stipulation that it be dismissed with prejudice and without costs or attorney’s fees to either party. All files remained sealed.

1:13-cv-06872-PKC  | Mohammad et al v. Beers et al. Defendants include Secretary Kerry. The case was voluntarily dismissed in July 2014, all files remained sealed.

2:13-cv-04178-ADS  | Arif et al v. Kerry et al. Defendants include Secretary Kerry and Embassy Islamabad’s Ambassador Olson. The case was dismissed with prejudice in September 2013, with each party bearing its own costs, fees, including attorney’s fees, and disbursements. The files remained sealed.

One passport case from November 2013, 1:13-cv-08299-AJP Kassim v. Kerry is not sealed.  The case was dismissed in March 2014 with a court order for issuance of U.S. passport to plaintiff. “Within 30 days of the entry of this order, Plaintiff will submit to the Department of State a new un-executed but signed passport application (Form DS-11) with passport photos and a copy of the front and back of a valid government identification card. The Department of State will issue Plaintiff a U.S. passport book and a U.S. passport card within 30 days of receipt of Plaintiffs passport application and supporting documentation (described above in subsection 2(a)). This action is hereby withdrawn and dismissed with prejudice and without costs or attorney’s fees.”

One immigrant visa case from 2014, 1:14-cv-03748-KAM | Chaudhry et al v. Holder et al. is also not sealed. The defendants include Secretary Kerry and Embassy Islamabad’s Ambassador Olson. The case was voluntarily dismissed with prejudice in light of the State Department granting of an immigrant visa to Plaintiff.

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Court orders @StateDept to return Yemeni-American’s improperly revoked U.S.passport

Posted: 2:21 am EDT
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Back in April, a San Francisco man sued the State Department in federal court, claiming that American embassy officials in Yemen illegally revoked his passport and left him stranded in that country for more than a year. This passport revocation case was just one in a string of lawsuits alleging improper revocation of passports by the U.S. Embassy in Yemen.

On October 13, the U.S. District Court of the Northern District of California ordered the State Department to return the U.S. passport of Yemeni-American Mosed Shaye Omar which was revoked “based on the involuntary statement he provided at the U.S. Embassy in Sana’a on January 23, 2013.”

We suspected that the State Department would use its ace in a hole, which is Haig v. Agee, a ruling that upheld the right of the executive branch to revoke a citizen’s passport for reasons of national security and the foreign policy interests of the U.S. under the Passport Act of 1926, and it did. But the court was not persuaded.

This is not the only passport revocation we’ve heard out of US Embassy Sana’a.  But this is one of the most troubling cases. What kind of rules book was used there? It does not appear to be the Foreign Affairs Manual. And what’s the purpose of the Office of Adjudication if there is no stated burden of proof, and there are no rules governing the hearing itself?  We understand that there are/were approximately a hundred cases of passport revocation done at the US Embassy in Yemen. We don’t know if the Yemeni-Americans with revoked U.S. passports were issued single return passports to the United States, or were left stranded in Yemen. A hundred cases are not isolated cases. Frankly, we hope to see the Office of Inspector General look into this.

  • Plaintiff contends that his due process rights were violated when the State Department revoked his passport based on the involuntary statement he provided at the U.S. Embassy in Sana’a on January 23, 2013. […] The statement was made after he had been detained at the Embassy for more than nine hours without food, water, or medication that he needs for his serious medical conditions; no one advised him of his right to leave, to be silent, or his right to consult an attorney; he did not read the statement and no one read the statement to him, and, to the contrary, it was affirmatively misrepresented to him that by signing the document his passport would be returned—the passport he required to return to the United States to obtain his needed medical care. Even if he had been given the opportunity to read the document, he would not have understood it as his English is not very good and his eyes were blurry and he was not feeling well due the deprivation of food, water, and medicine. He signed the statement without knowing its contents because he believed that was the only way to get his passport back.[…] Plaintiff signed the statement as “Mosed Shaye Omar.” It is puzzling, to say the least, why someone who understood that he was signing a confession that his true name is something other than Omar would sign the so-called confession under the allegedly false name Omar. Thus, this signature is consistent with Plaintiff’s testimony and further supports a finding that the statement was unknowing and involuntary.
  • The Hearing Officer based his revocation decision exclusively on the January 23 statement.
  • The Hearing Officer did not apply any standard of proof.”  [T]he same burdens that you might face in a courtroom don’t necessarily apply in this hearing.”
  • In resting his decision solely on the sworn statement, the Hearing Officer faulted Plaintiff for failing to provide evidence from individuals within Yemen who could vouch for his identity prior to his immigration to the United States—over 40 years ago. […] The Hearing Officer thus improperly shifted the burden of proof and faulted Plaintiff for not obtaining documents that the government itself acknowledged were nearly impossible to obtain.
  • Nor does it appear that Defendant Sprague, Deputy Assistant Secretary for Passport Services, applied a particular standard of proof to her review as she merely signed her name in the approved line on the Hearing Officer’s recommendation.
  • The Secretary claims that once presented with the “confession” it had no choice but to revoke the passport; it could not release the passport when it believed it was obtained with a false name. At the same time, however, for the more than two and half years since his passport was revoked, the United States has not filed any action, administrative or otherwise, to challenge Plaintiff’s citizenship. Instead, it has made it repeatedly clear that it is not challenging his citizenship and, indeed, if Plaintiff filed an action to reaffirm his citizenship, the government candidly surmised that it might argue that such lawsuit does not present an actual case or controversy because the government does not contest Plaintiff’s citizenship. (Dkt. No. 32 at 21- 25.) In other words, the government apparently believes it is proper to revoke a United States citizen’s passport on the grounds that he is not the person that the United States agreed he was when he obtained his citizenship, but then take no steps to actually challenge the citizenship and to instead leave the citizen in a state of legal purgatory. Such tactics at the very least raise serious questions.
  • Defendants’ only asserted interest here is in protecting the public from having a United States citizen travel under his legal name because the government believes that 30 years ago he applied for citizenship under a false name. And the government has not sought to denaturalize the citizen despite having more than two years to do so. The government’s claim of hardship is further undercut by its Foreign Affairs Manual:

(d) Questionable Certificates of Naturalization and Citizenship.

(1) (SBU) By law, 8 U.S.C. 1443(e), Certificates of Naturalization or Citizenship are proof of United States citizenship. Accordingly, an individual remains eligible for a U.S. passport until his/her Certificate of Naturalization or Certificate of Citizenship is revoked by U.S. Citizenship and Immigration Services (USCIS) or a U.S. District court, or unless he/she is ineligible for passport services for reasons other than non-citizenship.

7 FAM § 1381.2(d) 6 (Dkt. No. 14-20 at 2). Thus, the government’s own guidelines provide that the proper course under circumstances similar to those present here is to move to revoke the applicant’s Certificate of Naturalization, not to withhold the applicant’s passport as was done here.

The Court notes that the USG admitted that the above quoted provision was in effect between January 2013 and December 2013. (Dkt. No. 19 ¶ 31.) The government contends that “Plaintiff has selectively quoted from the Manual in a way that distorts its meaning,” but according to the Court’s footnotes, the USG  did not “submit any other Manual provisions or explain how the above quoted provision means anything other than what it says.”

For the record, the State Department considers the section on passport revocation in the Foreign Affairs Manual as Sensitive But Unclassified material and this section of the FAM including the part cited above in court documents are not available for the reading public (also see US Embassy Yemen: Revocation of U.S. Passports, a Growing Trend?).

The Court’s decision:

The government revoked Plaintiff’s passport based solely on a written statement that Plaintiff signed without reading or understanding, and only after he had been deprived of food, water, and medication for hours and was desperate for return of his passport so he could travel to the United States to obtain medical care. Plaintiff has therefore established a likelihood of success on his claim that the revocation violated his right to due process and was therefore arbitrary and capricious. See Choy, 279 F.2d at 647. He has also raised at least serious questions as to whether Defendants applied the appropriate standard of review to his passport revocation and whether the revocation is an improper and incomplete collateral challenge to his citizenship. As the balance of hardships and the public interest tip sharply in Plaintiff’s favor, his motion for a preliminary injunction is GRANTED. Defendants shall return Plaintiff’s passport to him within 10 days of this Order.

This case is ongoing with a hearing scheduled for December 10, 2015 at 9:00 a.m.

Read in full here (court doc via Politico): Mosed Shaye Omar v. John Kerry, et.al.

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USAID’s Arab Spring Challenges in Egypt, Tunisia, Libya, Yemen: The State Department, It’s No.2 Challenge

Posted: 12:10 am EDT
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USAID’s Office of Inspector General (OIG) conducted a survey (pdf) to identify the challenges USAID faced during the early transition period (December 2010-June 2014) in Egypt, Tunisia, Libya, and Yemen. USAID/OIG identified and interviewed 31 key USAID officials from various parts of the organization who have worked on activities in these countries.It also administered a questionnaire to supplement the information gathered from the interviews. Together, 70 employees from USAID were either interviewed or responded to the questionnaire. It notes that the while the survey collected the perspectives of a number of USAID employees, it is not statistically representative of each office or USAID as a whole.

The highest addressee on this report is USAID/Middle East Bureau Assistant Administrator, Paige Alexander. It includes no State Department official nor congressional entities.

Below is an excerpt:

In 2013 OIG conducted a performance audit of USAID/Egypt’s economic growth project1 and found that the changes of the Arab Spring severely affected the project’s progress. Approximately midway through implementation, the project had not made significant progress in seven of the ten tasks in the original plan mainly because of changes in the Egyptian Government’s counterparts and priorities. To adapt to the environment, the project adjusted its plan and identified three new areas of work to focus on. In another audit that year,2 OIG found similar challenges at USAID/Yemen when one of that mission’s main projects had to adjust its approach after the Arab Spring started (page 16).

Beyond project delays, we found a host of other challenges common to all four countries that revolve around three broad categories:

  1. Security
  2. Increased influence from the State Department
  3. Host-countryreadiness

1. Security.

One of the most commonly cited challenges was the difficulty of operating in a volatile environment. Security dictated many aspects of USAID’s operations after the Arab Spring started, and it was not uncommon for activities to be delayed or cancelled because of security issues.
[…]
In addition to access, security also disrupted operations because employees were evacuated from the different countries. U.S. direct-hire employees at USAID/Egypt were evacuated twice in 3 years. In USAID/Yemen, employees were evacuated twice in 3 years for periods of up to 6 months.3 In our survey, 76 percent of the respondents agreed that evacuations made managing projects more difficult.
[…]
Because of the precarious security situations, strict limits were placed on the number of U.S. direct hires who were allowed to be in each country. Employees said the Agency did not have enough staff to support the number of activities. This problem was particularly pronounced in Tunisia and Libya, where for extended periods, USAID had only one permanent employee in each country

2. Increased Influence From State Department.

According to our survey results, the majority of respondents (87 percent) believed that since the Arab Spring the State Department has increased its influence over USAID programs (Figure 3). While USAID did not have activities in Libya and Tunisia before the Arab Spring, staff working in these countries afterward discussed situations in which the State Department had significant influence over USAID’s work. A respondent from Tunisia wrote, “Everything has been driven by an embassy that does not seem to feel USAID is anything other than an implementer of whatever they want to do.”

Screen Shot 2015-05-27 at 6.56.05 PM

While there is broad interagency guidance on State’s role in politically sensitive environments, the specifics of how USAID should adapt its operations were not entirely clear to Agency employees and presented a number of challenges to USAID’s operations. In Yemen, the department’s influence seemed to be less of an issue (page 17), but for the remaining countries, it was a major concern. As one survey respondent from Egypt wrote:

[State’s control] makes long-term planning incredibly difficult and severely constrains USAID’s ability to design and execute technically sound development projects. A path forward is agreed, steps taken to design activities and select implementation mechanisms, and then we are abruptly asked to change the approach.

State’s involvement introduced a new layer of review and slowed down operations. USAID employees needed to dedicate additional time to build consensus and gain approval from people outside the Agency.

USAID employees also described challenges occurring when State employees, unfamiliar with the Agency and its different types of procurement, made requests that were difficult to accommodate under USAID procedures. One respondent wrote that State “think[s] programs can be stopped and started at will and that we can intervene and direct partners in a manner that goes far beyond the substantial involvement we are allowed as project managers.”

Beyond operational challenges, many people we interviewed expressed frustration over the State Department’s increased role, particularly when State’s direction diverted USAID programming from planned development priorities and goals. This was an especially contentious issue at USAID/Egypt (page 7).

This difference in perspectives caused some to question State’s expertise in development assistance, particularly in transitional situations. A USAID official explained that countries in turmoil presented unique challenges and dynamics, and embassies may not have experts in this area. Others said USAID was taking direction from State advisers who were often political appointees without backgrounds in development.
[…]
State was not the sole source of pressure; employees said other federal entities such as the National Security Council and even the White House had increased their scrutiny of USAID since the start of the Arab Spring. As a result, mission officials had to deal with new levels of bureaucracy and were responding constantly to different requests and demands from outside the Agency.

3. Host-Country Readiness.

In each of the four countries, employees reported problems stemming from award recipients’ ability to implement assistance programs. According to one employee, local capacity in Libya was a major problem because the country did not have a strong workforce. Moreover, local implementers had not developed the necessary technical capacity because development assistance was not a priority in Libya under Muammar Qadhafi’s closed, oil-rich regime. Activities in Tunisia and Yemen encountered similar issues because neither have had long histories of receiving foreign development assistance. In Egypt, employees reported that some of the nongovernmental organizations (NGOs) working on the mission’s democracy and governance program also lacked sufficient capacity.

On Egypt:  More than 85 percent of the employees surveyed who worked on activities related to USAID/Egypt agreed that the State Department had increased its influence over USAID programs since the start of the Arab Spring (Figure 5). A number of respondents said State steered Agency programs to address political rather than development needs. This dynamic had a profound effect on the mission’s ability to follow USAID’s guidance on designing and implementing developmentally sound projects. […] Some mission officials questioned the value of adhering to USAID’s project design procedures when the State Department had already decided a project’s fate. […] In this example, State’s desire to award education scholarships to women in Egypt was difficult to justify because university enrollment data showed that higher education enrollment and graduation rates for women are slightly higher than for men.  […] With so many differing voices and perspectives, USAID employees said they were not getting clear, consistent guidance. They described the situation as having “too many cooks in the kitchen.” One survey respondent wrote:

State (or White House) has had a very difficult time making decisions on USAID programming for Egypt . . . so USAID has been paralyzed and sent through twists and turns. State/White House difficulties in decisions may be expected given the fluid situation, but there has been excessive indecision, and mixed signals to USAID.

On Tunisia: The State Department placed strict restrictions on the number of USAID employees allowed to be in-country. As a result, most Agency activities were managed from Washington, D.C. … [O]ne survey respondent wrote, “I have been working on Tunisia for nearly 3 years now, and have designed programs to be carried out there, but I’ve never been. I don’t feel like I have been able to do my job to the best of my ability without that understanding of the situation on the ground.”

On Libya: The attacks in Benghazi on September 11, 2012, had a profound impact on USAID operations in Libya. According to one interviewee, after the attacks USAID did not want to attract too much political attention and put a number of Agency activities in Libya on hold. The period of inactivity lasted from September 2012 to September 2013. It was not until October 2013, after Prime Minister Ali Zeidan was abducted, that the U.S. Government refocused attention on Libya and funding for activities picked up again.

Before the attacks, USAID had five employees in the country; afterward, only one was allowed to remain. Although his main priority then was to manage USAID/OTI projects in Libya, he also was asked to oversee four to five additional activities managed out of Washington—a stretch for any employee. As one survey respondent wrote, “The lack of people in the field in Libya (small footprint) means that DC overwhelms the field. People in the field are worked ragged.”

On Yemen: USAID/Yemen did not suffer from the challenges of unclear strategy that other USAID missions did in the region; 70 percent of respondents who worked on activities in Yemen believed that the Agency had a clear strategy for its post-Arab Spring activities (Figure 12). This is a stark contrast to responses related to USAID/Egypt, where only 22 percent believed that USAID had a clear strategy. …[O]ur survey also found a strong working relationship between USAID/Yemen and the State Department; the two often agreed on what needed to be done. […] Some respondents said the collaborative atmosphere was due to individual personalities and strong working relationships between USAID and State officials. One employee said because employees of both organizations lived and worked together in the close quarters, communication flowed freely as perspectives could be exchanged easily. …[O]ne senior USAID/Yemen official said, some of what needed to be done was so obvious that it was difficult for the two agencies not to agree.

Lessons Learned

The report offers 15 lessons learned including the development of a USAID transition plan at the country level, even if it may change. USAID/OIG says that by having a short-term transition plan, the Agency “would have a better platform to articulate its strategy, particularly when it disagrees with the decisions of other federal entities.”It also lists the following:

  • Resist the urge to implement large development projects that require the support of host governments immediately after a transition.
  • Prepare mission-level plans with Foreign Service Nationals (FSNs)—locally hired USAID employees who are not U.S. citizens—in case U.S. direct hires are evacuated. Evacuation of U.S. staff can be abrupt with only a few hours’ notice. People we interviewed recommended that U.S. staff develop plans with the mission’s FSN staff ahead of time, outlining roles, responsibilities, and modes of operation to prevent a standstill in operations in the event of an evacuation.
  • Get things in writing. When working in environments where USAID is getting input and instructions from organizations that are not familiar with Agency procedures, decisions made outside of USAID may be documented poorly. In such circumstances, it is important to remember to get things in writing.
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Stranded in Yemen: Americans left to find own way out, but exactly how many more AmCits are left there?

Posted: 7:01 pm EDT
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Via CNN:

“My son served in the army for four years. In Iraq. He served because we love our country. As we should. Now look at us?”
[…]
Muna is from Buffalo in upstate New York. Her family is among the dozens of Americans caught in the crossfire of warring parties in Yemen. And although many other countries evacuated their citizens, India most notably ferrying out around 5,000, the United States has said it is too dangerous for them to directly evacuate American nationals.

screenshot of CNN video

screenshot of CNN video

For Muna, her ordeal ended at Djibouti Port where Christina Higgins, the U.S. Deputy Chief of Mission, was among the embassy staff waiting to meet them. I asked Higgins about the sense of abandonment Muna and many of the other Americans trapped in Yemen said they felt.

“We have one of the branches of al Qaeda that’s especially active. There’s the Houthis — neither of these two groups friendly to U.S. citizens. We’ve had to weigh very, very carefully what is the safest way, the best way for us to help them.”

Higgins said ultimately each U.S. citizen is going to have to judge what is best for themselves and their families.

“For many U.S. citizens, that’s going to mean sheltering in place. For other U.S. citizens, we’re actively working at getting information to them on different avenues for travel out of Yemen.”

Read in full here.

Also read: After hours at sea, chaos and desperation at Yemeni city

 

IOM announced today that it has temporarily suspended is evacuation operations in Yemen. It also says, “To date, operations continue to be hampered by unacceptable demands in regard to the identity of passengers to be evacuated by IOM. Security conditions within and around Sana’a airport have also worsened, affecting the ability of IOM staff to operate on airport grounds.”

 

Meanwhile in Djibouti:

 

Also this one on the DPB on April 20, we’re not sure which email is this referring to:

QUESTION: — between a Yemen – or a U.S. citizen stuck in Yemen.

MS HARF: Yep.

QUESTION: I know you can’t comment on the specific case —

MS HARF: Correct.

QUESTION: — but just the language of that email that she had the exchange with, is that the kind of language that Americans still stuck in Yemen can expect?

MS HARF: Yes, I saw that email exchange. I think a couple points on that. The first is if you look at a majority of that email, it’s really the same messages I’ve been giving from the podium about the fact that we have been warning for some time, that we are trying to do things to assist. And we have a number of people – we’ve actually increased our consular staff in Djibouti to help consular services to Americans who have been able to leave Yemen. But we have consular officers who are working around the clock in Djibouti and elsewhere doing so.

I think, look, that language is probably not typical of the services we’re providing to Americans, candidly. I probably wouldn’t have used it. But I think looking at our broader efforts in terms of the consular support we’re giving to Americans, even in a very difficult operating environment where we don’t have an embassy, where we have been warning, we – our consular officers really are working very hard to get them what they need even, again, under very difficult circumstances.

< * >

The State Department to date has refused to give an estimate a guesstimate on the American citizen population in Yemen. The OIG report back in 2010 estimated that the Yemeni-American community was about 55,000. Our source from Consular Affairs who is not authorized to speak for the bureau indicates that the most recent estimate is actually much higher than that OIG number.

Odd thing about this? There was a congressional hearing on Yemen several days ago. The congressional reps did not ask about this. The NEA principal deputy assistance secretary of state on that hearing did not talk about this.  And so far, we haven’t heard from the angry old men in the Senate chamber screaming over the abandonment of U.S. citizens in foreign country.

In related news, last week, the Council on American-Islamic Relations filedlawsuit against the U.S. government on behalf of dozens of Yemeni-Americans trapped in Yemen for failure to evacuate them.  Today, a San Francisco man has sued the State Department in federal court, claiming that American embassy officials in Yemen illegally revoked his passport and left him stranded in that country for more than a year. This passport revocation case is just the latest in a string of lawsuits alleging improper revocation of passports by the U.S. Embassy in Yemen.

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IOM Seeks $10M Initial Funds For Humanitarian Evacuation of 11,000+ Fm Yemen, And Wassup With the F-77?

Posted: 12:29  pm EDT
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On April 6, the US Embassy Sana’a informed Americans in Yemen of the Indian government’s  offer to assist U.S. citizens who want to depart for Djibouti (see For U.S. Citizens in Yemen, a New Website and a New Hashtag Shows Up: #StuckInYemen).

The Indian-assisted evacuation is not the first time Americans are evacuated by a foreign mission. According to the GAO, in 2004, about 400 American citizens from West Africa  were evacuated on foreign government-arranged aircraft. That unnamed post “extensively coordinated and communicated with foreign missions”  presumably because its operation had not been suspended or its staff relocated elsewhere, unlike the case in Yemen.  Although not identified by the GAO report, we think this was the French Government-assisted evacuation from the Ivory Coast in 2004.

 

A second embassy update on April 6 indicates another departure option from Yemen though the International Organization for Migration (IOM). Below is part of the message:

April 6, 2015 | The International Organization for Migration (IOM) is planning to arrange a flight from Sana’a to Djibouti the week of April 6. U.S. citizens in Yemen who wish to avail themselves of this opportunity should contact the Mr. Anwar Alhakami of the IOM at iomsanaaoperations@iom.int or 967-7155-55033. The Department of State cannot guarantee that all U.S. citizens seeking to depart via an IOM flight can be accommodated. All U.S. citizens seeking to depart require valid U.S. passports.

image via IOM

image via IOM click for larger view

According to IOM, while a number of governments have taken steps to evacuate their nationals from Yemen, whether by sea or air, many have not been able to do so, and have instead called on IOM’s assistance to extract their nationals who remain stranded there.  As of 1 April, over 11,000 such requests had been received by IOM.  IOM is now seeking an initial USD 10 million in funds to enable it “to deliver humanitarian evacuation assistance to a first caseload of 5,000 stranded and vulnerable migrants.”

Except below (source-pdf):

To date, IOM has received requests to support the humanitarian evacuation of over 11,000 nationals from 22 governments.

Responding to Member States’ requests for IOM’s assistance, the Director General has approved the mobilization of the Organization’s Migration Emergency Funding Mechanism (MEFM) with an initial loan towards the initiation of evacuation operations. The MEFM, however, does not have sufficient resources to meet the requirements presented by the scale of the operation that would need to be established.

IOM’s Humanitarian Evacuation Cell has been activated and surge support has been deployed across the region to help coordinate and organize these efforts. IOM has identified air charter service providers who are able to operate between Yemen and concerned countries. All-inclusive, per capita air transportation costs, for such an operation amount to approximately USD 1,100, based on quotations so far received from aircraft operators, though at this stage IOM continues to consider all potential options, including air and land routes.

With this appeal, IOM aims to launch immediate evacuation operations in a manner that complements efforts so far undertaken by concerned governments, and has set an initial target of 5,000 stranded and vulnerable migrants to be transported from Yemen to their respective countries of origin. IOM will be working closely with authorities in receiving and transit countries, airlines, civil aviation and military authorities of involved countries, and consular authorities in both Yemen and countries of origin to ensure that assisted migrants have adequate documentation, are registered (manifested), are able to depart from Yemen and return to their countries of origin in a seamless manner.

Provisions are also being made to cover the provision of pre-departure assistance within Yemen through the mobilization of IOM’s 200+ staff within the country. Assistance will include ground transportation, medical assistance and basic supplies for migrants awaiting departure and logistical support at points of embarkation. In countries of origin, assistance will need to include onward transportation from ports of entry to final in-country destinations. This additional assistance is estimated to amount to USD 400 per capita.

IOM also says that  among its lessons learnt from the Libya evacuation in 2011 is the critical importance of “establishing adequate support measures in countries of origin to receive migrants at ports of entry and provide basic support packages on arrival and, in partnership with country-based stakeholders and authorities, address prevalent reintegration challenges. In so doing, IOM considers in-country on-arrival assistance an intrinsic part of humanitarian evacuation operations, while also taking into account reintegration challenges in areas of return to ensure the sustainability of returns, prevent secondary displacement and mitigate potential social tension that may arise.”

 
An American who recently fled Sana’a estimated that there are “perhaps 300 Americans” stranded in Yemen. According to the Guardian, the State Department said it cannot estimate how many Americans are in Yemen.

 
Asked if the State Department has a sense of how many U.S. citizens are in Yemen,  State’s acting spokesperson Marie Harf told the press corps yesterday, “We don’t.”  She also explained that the State Department has issued 24 Travel Warnings on Yemen in the last 10 years, “so this is not a surprise that the security situation was a poor one.”  As of April 6, the United States does not have a third party in Yemen to act on its behalf as protecting power.
 

Ms. Harf may not know this but we should note that the State Department requires overseas posts to produce estimates of the number of private American citizens in country.  When surveyed by the GAO in 2007, more than three-quarters of posts said their last estimate was, at best, only somewhat accurate. State officials also told the GAO that these estimates were best guesses and not based on a particular methodology.

The annual State Department report of potential evacuees from each post overseas is called the F-77. In the aftermath of the 2006 Lebanon evacuation of over 15,000 Americans, a State official told the GAO that State was in the process of updating the instructions for producing F-77 reports to improve the preparation of estimates of American citizens at post.  If an estimate is not available, does that mean Embassy Sana’a did not have an updated F-77 prior to its suspension of operation in February 2015? Or does that mean, the challenges identified in 2008 for estimating U.S. citizens at post continue to this day: fluctuation of citizen population, non-registration, dual nationals? Or — does it simply mean that the State Department is not willing to make public its estimate of potential evacuees from Yemen?
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For U.S. Citizens in Yemen, a New Website and a New Hashtag Shows Up: #StuckInYemen

Posted: 5:27 pm EDT
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The State Department suspended embassy operations at the U.S. Embassy in Sanaa, Yemen and American staff were relocated out of the country on February 11, 2015.    This followed  the previously announced suspension of all consular services  on February 8 (see State Dept Suspends US Embassy Yemen Operations, Relocates Staff Until Further Notice).  There was no USG-sponsored evacuation for U.S. citizens residing in the country. At that time, and many times previously, the State Department urged U.S. citizens to defer travel to Yemen and those U.S. citizens living in Yemen to depart the country (see here, here, here, here, and here).

On March 25, Saudi Arabia launched military operations in Yemen in a coalition with reportedly 10 other countries. (see New Front in Regional Chaos: Saudi Arabia Launches Air Strikes Against Houthis in Yemen).  As the situation deteriorated, the following countries have evacuated their citizens from Yemen:

India

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China

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Pakistan

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Russia

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Turkey

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Guys, Somalia!

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Foreigners Evacuated

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26 Countries Requested Evacuation Assistance from India

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Whatabout the Amcits in Yemen?

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On April 3, the State Department issued an updated Travel Warning for Yemen that says in part:

The level of instability and ongoing threats in Yemen remain severe.  There are no plans for a U.S. government-coordinated evacuation of U.S. citizens at this time. We encourage all U.S. citizens to shelter in a secure location until they are able to depart safely. U.S. citizens wishing to depart should do so via commercial transportation options when they become available.

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Somebody noticed

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Meanwhile, a new website and a new hashtag just showed up online for U.S. citizens in Yemen:

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Today, April, 6, the US Embassy Sana’a issued an Emergency Message advising U.S. citizens in Yemen that the Indian Government has offered to evacuate U.S. citizens from Yemen to Djibouti:

The Indian government has offered to assist U.S. citizens who want to depart Yemen for Djibouti.  This potentially includes flights out of Sana’a and ships from Aden.  U.S. citizens wishing to take advantage of this opportunity should contact First Secretary Raj Kopal at the Indian Embassy in Sana’a at 00967 734 000 657; you may be required to present a valid U.S. passport for boarding.  The next flights from Sana’a are scheduled to depart early on April 7.  The Department of State cautions that U.S. citizens should consider carefully the risks of traveling to or within Sana’a and Aden in order to board evacuation transport given security conditions in both cities.

On February 11, 2015, due to the deteriorating security situation in Sanaa, the Department of State suspended embassy operations and U.S. Embassy Sanaa American staff were relocated out of the country.  All consular services, routine and emergency, continue to be suspended until further notice.  The Department notified the public of this move, and its impact on consular services, and urged U.S. citizens in Yemen to depart while commercial transportation was available.

The level of instability and ongoing threats in Yemen remain extremely concerning. There are no plans for a U.S. government-coordinated evacuation of U.S. citizens at this time.  If you wish to depart Yemen, you should stay alert for other opportunities to leave the country.  U.S. citizens who are able to depart Yemen for another country and are in need of emergency assistance upon arrival may contact a U.S. embassy or consulate in that country.

Read more: Emergency Message for U.S. Citizens – Updated Departure Options (April 6, 2015)

U.S. Embassy Djibouti is a small post with a low consular workload. At least, until 2010, the consular section there consisted of one entry-level officer (who occupied an FS-03 position) assisted by three local employees  (source-pdf).

We don’t know what is the current US citizen population in Yemen. A State/OIG report from June 2010 estimated that the U.S.-Yemeni community there numbered at least 55,000.  The report also noted that the serious threat of terrorism in Yemen has put “Sanaa’s visa and passport services in the homeland security cross-hairs.”

We have reached out to Consular Affairs but have not heard anything back.

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