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Remember the bid of #HodaMuthana, the ISIS bride stuck in A-Hawl camp in Syria, to have a US judge declare she & her son are US citiz & order Govt to facilitate their return to US, based on a next-of-kin lawsuit filed by her dad. Here is the UPDATE
1/ After efforts for expeditious adjudic was denied in March, now Govt has moved to dismiss the lawsuit claiming lack of subject matter jurisdiction and/or lack of merits. And in an effort to have it decided now Govt has brought in the actual evidence it believes show no merits.
2/ I hate it when Def try to convert a 12b motion into an MSJ but here it seems as the issues are kinda right for a R56 decision. Well, maybe I am biased because right from the start I thought that the complaint had no chance as drafted. But here are the juicy details:
