Farhan Warfaa v. Yusuf Ali, 811 F.3d 653

In 1987–88 in Somalia, Farhan Warfaa (an Isaaq clan member) alleges Colonel Yusuf Ali, a Somali National Army officer, ordered his repeated torture, shooting, and attempted extrajudicial killing.
Ali left Somalia before the regime collapsed, lived in Canada (deported), then relocated to the United States and now resides in Virginia as a lawful permanent resident.
Warfaa sued Ali in federal court under the Alien Tort Statute (ATS) for six international-law torts and under the Torture Victim Protection Act (TVPA) for attempted extrajudicial killing and torture.
The district court dismissed the ATS claims under Kiobel’s presumption against extraterritorial application (finding no U.S. nexus) but allowed the TVPA claims to proceed, holding Ali could not assert foreign-official immunity for alleged jus cogens violations.
On appeal the Fourth Circuit affirmed: ATS claims were dismissed for lack of a sufficient “touch and concern” with the U.S.; Samantar controlled rejection of Ali’s immunity defense for jus cogens violations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ATS provides jurisdiction for torts committed abroad by a defendant who later resides in the U.S.	Warfaa: ATS jurisdiction exists despite extraterritorial torts because defendant now resides in the U.S.; that residence and other ties suffice to "touch and concern" the U.S.	Ali: ATS should not apply to conduct that occurred entirely abroad; Kiobel’s presumption bars jurisdiction.	The court: Kiobel presumption bars ATS jurisdiction where all relevant conduct occurred abroad and the only U.S. connection is the defendant’s post‑conduct residence; ATS claims dismissed.
Whether a foreign official may assert common‑law immunity for acts violating jus cogens (affecting TVPA claims)	Warfaa: Ali’s alleged torture and extrajudicial killing violated jus cogens; he cannot claim immunity for those acts.	Ali: Samantar was wrongly decided; foreign‑official immunity should extend to these acts.	The court: Bound by Yousuf v. Samantar — jus cogens violations are not shielded by common‑law foreign‑official immunity; TVPA claims may proceed.

Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (U.S. 2013) (presumption against extraterritorial application; ATS claims must "touch and concern" the U.S. to overcome presumption)
Sosa v. Alvarez‑Machain, 542 U.S. 692 (U.S. 2004) (courts may recognize ATS causes only for norms that are specific, universal, and obligatory)
Al Shimari v. CACI Premier Tech., Inc., 758 F.3d 516 (4th Cir. 2014) (ATS presumption can be rebutted by extensive, direct U.S. contacts; fact‑based inquiry)
Yousuf v. Samantar, 699 F.3d 763 (4th Cir. 2012) (foreign official immunity does not bar claims for jus cogens violations)
Filártiga v. Peña‑Irala, 630 F.2d 876 (2d Cir. 1980) (historical precedent applying ATS to torture abroad; discussed in relation to Kiobel)