Key facts
- A US citizen, Omar, alleges he is being detained in Turkey at the request of US authorities.
- His lawyers contend this constitutes 'constructive custody' by the US government.
- Omar fears deportation to Jordan, where he claims he faces a risk of torture.
- The case is compared to the Trump administration's invocation of the Alien Enemies Act for deportations.
- Omar previously received a settlement from the US government for alleged torture at Abu Ghraib prison.
A U.S. citizen, identified as Omar, alleges he is being held in Turkey at the request of U.S. authorities, a situation his lawyers describe as unusual and potentially leading to deportation to a country where he fears torture. Omar claims Turkish officials informed him they were acting on a request from U.S. authorities, and he has been in a deportation center for a week.
His legal team argues that the U.S. government cannot claim a lack of control over his detention, as it has actively intervened on his behalf. They contend that Omar faces a real risk of torture if deported to Jordan, a country that has previously interrogated his family members about his whereabouts and activities. The lawyers also raise concerns about potential torture in Turkey at the behest of the United States, referencing a past instance where U.S. officials allegedly turned him over to a country that tortured him.
The Department of Homeland Security referred inquiries to the FBI, while the State Department and the U.S. Embassy in Turkey did not immediately respond to requests for comment. Omar's lawyer, Curtis Doebbler, declined to comment due to ongoing litigation.
This legal argument echoes a similar one made by over 100 Venezuelan nationals deported to El Salvador last year, who claimed "constructive custody" by the U.S. government despite their transfer to Salvadoran authorities. The case also marks a new development in Omar's nearly two-decade legal battle. He has previously alleged torture at the U.S.-run Abu Ghraib prison in Iraq and received a settlement from the U.S. government for those experiences. In 2011, he was transferred to Iraqi custody and convicted on charges of being part of an "illegitimate group" and illegal entry, despite entering with a U.S. passport. The key witness in his conviction later recanted their testimony.