Sandra Omar v. John M. McHugh, 396 U.S. App. D.C. 140

Shawqi Omar is a dual Jordanian-U.S. citizen detained by U.S. forces in Iraq since 2004 amid allegations of al Qaeda involvement.
The U.S. intends to transfer Omar to Iraqi custody, potentially subjecting him to torture in receiving country custody.
Omar filed a habeas petition in 2005 seeking to block transfer; the District Court denied relief and the D.C. Circuit affirmed.
Omar's amendments argued under FARR Act, REAL ID Act, and constitutional habeas/due process grounds for review of receiving-country conditions.
The Supreme Court in Munaf v. Geren held no habeas/due-process right to review receiving-country conditions for transferees; this decision governs Omar’s arguments.
The court concludes Omar has no statutory or constitutional right to pre-transfer review of conditions under the FARR Act/REAL ID Act or the Constitution; the petition is denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether FARR/REAL ID Act grants pre-transfer review of receiving-country conditions	Omar contends FARR Act/REAL ID Act provide review.	Geren contends no such pre-transfer review for military transferees.	No pre-transfer review right for Omar.
Whether the Constitution’s habeas/due process guarantees yield a right to review receiving-country conditions	Omar asserts constitutional right to review.	Munaf controls; no such right.	No constitutional habeas/due process right for this review.
Whether the REAL ID Act strips jurisdiction to hear FARR Act claims for transferees	Omar argues REAL ID Act preserves jurisdiction; prior cases conflict.	REAL ID Act strips jurisdiction outside immigration context.	REAL ID Act bars FARR Act review for Omar.
Whether Congress may expand rights incrementally without triggering Suspension Clause protections	Omar would have broader entitlement; government cannot strip without Suspension Clause safeguards.	Congress may expand rights incrementally; no Suspension Clause issue here.	No constitutional problem with incremental statutory expansion.

Munaf v. Geren, 553 U.S. 674 (U.S. 2008) (held no habeas/due process right to review medical receiving-country conditions for transferees)
Boumediene v. Bush, 553 U.S. 723 (U.S. 2008) (recognized habeas rights for detainees and emphasized Judicial limits on detention authority)
St. Cyr, 533 U.S. 289 (U.S. 2001) (Suspension Clause applied to statutory claims challenging detention; historical scope of writ)
Kiyemba II, 561 F.3d 509 (D.C.Cir. 2009) (held FARR Act/REAL ID Act do not confer review rights to transferees like Omar)
Morales v. Bezy, 499 F.3d 668 (7th Cir. 2007) (discussed one-way ratchet theory of statutory rights)