2-year-old Yemeni boy whose mother sued US to see him has died

Shaima Swileh, of Yemen, holds her dying 2-year old son Abdullah Hassan at UCSF Benioff Children's Hospital in Oakland. (AP)
Updated 29 December 2018
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2-year-old Yemeni boy whose mother sued US to see him has died

CALIFORNIA: The 2-year-old son of a Yemeni woman who sued the Trump administration to let her into the country to be with the ailing boy has died.
Abdullah Hassan died Friday in UCSF Benioff Children’s Hospital in Oakland, where his father Ali Hassan brought him in the fall to get treatment for a genetic brain disorder.
Ali Hassan is a US citizen who lives in Stockton, California. He and his wife Shaima Swileh moved to Egypt after marrying in Yemen in 2016. Swileh is not an American citizen and remained in Egypt while fighting for a visa.
“We are heartbroken. We had to say goodbye to our baby, the light of our lives,” Ali Hassan said.
Swileh held her son for the first time in the hospital 10 days ago.
A funeral is scheduled for Saturday.
Swileh had been trying to get a visa since 2017, so the family could move to the United States.
Citizens from Yemen and four other mostly Muslim countries, along with North Korea and Venezuela, are restricted from coming to the United States under President Donald Trump’ s travel ban.
When the boy’s health worsened, the father went ahead to California in October to get their son help, and Swileh remained in Egypt hoping for a visa. As the couple fought for a waiver, doctors put Abdullah on life support.
“My wife is calling me every day wanting to kiss and hold her son for the one last time,” said Ali Hassan, choking up at a news conference earlier this month.
He started losing hope and was considering pulling his son off life support to end his suffering. But then a hospital social worker reached out to the Council on American-Islamic Relations, which sued on Dec. 16, said Basim Elkarra, executive director of the group in Sacramento.
The State Department granted Swileh a waiver the next day.
“With their courage, this family has inspired our nation to confront the realities of Donald Trump’s Muslim Ban,” said Saad Sweilem, a lawyer with the council who represents the family. “In his short life, Abdullah has been a guiding light for all of us in the fight against xenophobia and family separation.”


US top court blocks USS Cole sailors from $315m in compensation from Sudan

Updated 44 min 33 sec ago
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US top court blocks USS Cole sailors from $315m in compensation from Sudan

  • Overturns lower court’s decision that had allowed the sailors to collect the damages from certain banks that held Sudanese assets
  • Sudan denies that it provided any support to Al-Qaeda for the attack

WASHINGTON: The US Supreme Court on Tuesday prevented American sailors injured in the deadly 2000 Al-Qaeda bombing of the Navy destroyer USS Cole from collecting almost $315 million in damages from the government of Sudan for its alleged role in the attack.
In a 8-1 ruling, the justices overturned a lower court’s decision that had allowed the sailors to collect the damages from certain banks that held Sudanese assets. The decision represented a major victory for Sudan, which denies that it provided any support to Al-Qaeda for the attack in Yemen.
Sudan was backed by President Donald Trump’s administration in the case.
In the ruling, the justices agreed with Sudan that the lawsuit had not been properly initiated in violation of US law because the claims were delivered in 2010 to the African country’s embassy in Washington rather than to its minister of foreign affairs in the Sudanese capital Khartoum.
A lower court had levied damages by default because Sudan did not defend itself against allegations that it had given support to the extremist group.
The Oct. 12, 2000, attack killed 17 sailors and wounded more than three dozen others when two men in a small boat detonated explosives alongside the Navy guided-missile destroyer as it was refueling in the southern Yemeni port of Aden, blasting a gaping hole in its hull. The vessel was repaired and later returned to full active duty.
Fifteen of the injured sailors and three of their spouses sued the government of Sudan in 2010 in Washington. At issue was whether mailing the lawsuit to Sudan’s embassy violated the Foreign Sovereign Immunities Act, a US law governing when foreign governments may be sued in American courts.
Writing for the court’s majority, conservative Justice Samuel Alito said that other countries’ foreign ministers must be reached where they normally work, “not a far flung outpost that the minister may at most occasionally visit.”
Alito expressed sympathy toward the sailors, writing that the ruling may seem like it is enforcing an empty formality.
“But there are circumstances in which the rule of law demands adherence to strict requirements even when the equities of a particular case may seem to point in the opposite direction,” Alito said, adding that the case had sensitive diplomatic implications.
Alone in his dissent, conservative Justice Clarence Thomas said that allowing litigants to send notices of lawsuits to embassies would comply with both US and international law.
The Trump administration had told the justices that a ruling against Sudan could impact how the US government is treated by foreign courts because the United States rejects judicial notices delivered to its embassies.
The sailors were highly critical of the administration’s position. “Particularly given this administration’s solicitude for veterans, its decision to side with a state sponsor of terrorism, against men and women who are seeking to recover for grievous injuries suffered in the service of our country, is inexplicable and distressing,” they said in a legal brief.
In 2012, a federal judge in Washington issued a default judgment of $314.7 million against Sudan. Individual plaintiffs were to receive between $4 million and $30 million each.
A separate judge in New York later ordered certain banks to turn over assets they had held for Sudan to partially satisfy the judgment. The 2nd US Circuit Court of Appeals in New York upheld those orders in 2015.
A lawyer representing Sudan and a representative for Sudan’s embassy in Washington could not immediately be reached for comment. An attorney for the sailors also could not be reached for comment.