1. Jamma claims that, under the federal statute concerning the detention and removal of aliens, removal can only be implemented when the country involved will accept the deported individual. The understood meaning of "removal" is that the United States must remove an individual from within its jurisdiction to another jurisdiction. This would not be the case when there is no acceptance.

2. The statute does not grant discretion to the Attorney General to make decisions such as this one. If Congress had intended to do so, it would have plainly stated that in the statute.

3. The history of court decisions dealing with this issue would bar a ruling that the Attorney General can deport someone to a country that will not accept him and that lacks a functioning government.

4. Deporting a refugee to his home country without the receiving country's acceptance will adversely effect our foreign relations with other nations. In addition, aliens will be subject to mistreatment following their removal from the United States.

1. It is an established principle of international law that a country must accept the return of its own nationals when a foreign state seeks to expel them. Somalia's lack of a functioning central government means that the customary diplomatic difficulties inherent to removal without acceptance are absent, but it does not follow that the United States should be required to proceed as though an existing foreign government had refused to accept its national's return.

2. The Court should defer to the executive branch in its interpretation of that provision, because the executive branch has traditionally had the dominant role in matters of foreign relations.

3. The statute does not contain any language on a requirement that a deportee's country accept him back, but it does list many matters on which the Attorney General may exercise broad discretion, thereby expressing a general intent that the executive branch should have the final say in these decisions.

4. Because the executive branch has discretion in such matters, it can decide when removal without acceptance would hinder foreign relations and act accordingly. The Immigration and Nationality Act contains many provisions addressing concerns of mistreatment following deportation, but Jama falls under an exclusion to that act and therefore these protections are not available to him.