By: Denise Simon | Founders Code
Hoda ‘s father, Ahmed Ali Mutha hired the Constitutional Law Center for Muslims in America to represent her. Her lawsuit is suing Secretary of State Mike Pompeo, AG William Barr, and President Trump.
She left the United States in 2014 and has been married to Islamic State fighters 3 times. She has a son, 18-months-old and the child’s father, a Tunisian militant, was killed in Mosul. When she left Alabama, the place of her birth, she flew to Raqqa and married her first husband, an Australian jihadist named Suhan Rahman. He was killed.
We do not know the status of her third husband but Hoda fled to Susa and was captured by Kurdish forces. Presently she is in a refugee camp in northern Syria.
Ahmed Ali Muthana was a Yemeni diplomat to the United Nations and was fired when the country fell into a full civil war. He was told to surrender his diplomatic credentials in June of 1994. It is not clear if and when he did give up his credentials, nor is it clear for how long his diplomatic immunity lasted. It has been inferred, his diplomatic status continued through the end of the year of 1994. At some point, Ali Muthana did provide a letter to the U.S. State Department regarding his status, but those details remain unclear.
It is further noted that Ahmed Ali Muthana attempted to send his daughter money for financial support but the FBI refused to allow the transaction.
The court refused to grant relief to the Plaintiff and includes the fact that Hoda’s father held diplomatic immunity until February of 1995, after her birth. Further, Hoda was advised she was not a U.S. citizen 3 years ago, January of 2016 and she nor her father challenged that determination.
The Judge’s ruling is found here. It is a fascinating read. It also must be noted that diplomatic immunity and status provided for NO prosecution for criminal acts and gives protection for most if not all civil and administrative actions as published by the Vienna Convention.
The United States revoked Hoda’s passport in January of 2015 as it was issued in error due to the very late notification of the United Nations providing notification that the Plaintiff, Ahmen Ali Muthana had been terminated. The father and daughter had the right to request a hearing within 60 days to challenge the revocation and NO challenge was made.
As for Hoda being born in Alabama or New Jersey and having a U.S. birthright, the 14th Amendment states citizenship only on persons born or naturalized in the United States ‘subject to the jurisdiction’. That phrase applies to children of ministers, consuls and citizens or subjects of foreign states. Birthright to Hoda in this case given these facts is not conferred.
For further reading and text for context, go to page 15 of the Judge’s ruling.
Hoda’s father is a resident of Alabama, but it is unclear if he himself is a citizen.
The Middle East Media Research Institute (MEMRI) tracked and recorded Ms. Muthana’s Twitter and Instagram war cries over four years. She expressed hatred for the U.S. and the world in general, urged American Muslims to “rent a big truck and drive all over them” at veterans parades and labeled American service members “cowards.”