Sandra Omar v. John M. McHugh

The majority concludes that the FARR Act does not afford Omar “a right to judicial review of conditions in the receiving country.” Majority Op. 17. I agree that the statute grants Omar, who is being held in Iraq by the U.S. military, no right against being transferred to Iraqi authorities, but I disagree with the majority’s suggestion that we have no jurisdiction to consider his claim. Our quarrel over jurisdiction stems from my belief that the FARR Act “trigger[s] constitutional habeas” by giving Omar a colorable claim that his transfer to Iraqi authorities would be unlawful. Majority Op. 22…