Bashe Yousuf v. Mohamed Samantar

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 Sovereign Immunities Act (“FSIA”), see 28 U.S.C. §§ 1602-1611, but held open the possibility that Samantar could “successfully invoke an immunity doctrine…