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American Stranded in Egypt due to No-Fly List

 
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bucheon bum



Joined: 16 Jan 2003

PostPosted: Wed Jun 16, 2010 1:17 pm    Post subject: American Stranded in Egypt due to No-Fly List Reply with quote

Article


Quote:
CAIRO � A Virginia man, stuck in Egypt for the last six weeks living in a cheap hotel and surviving on fast food, said Wednesday his name was placed on a U.S. no-fly list because of a trip to Yemen.

Yahya Wehelie, 26, who was born in Fairfax, Virginia, to Somali parents was returning with his brother Yusuf from 18 months studying in Yemen, when Egyptian authorities stopped him from boarding his flight to New York saying the FBI wanted to speak with him.


Umm ok, this guy just got shat on big time.

But we're not totally screwing him over!

Quote:
Wehelie said the US embassy is for now paying the $16 a night for his hotel, which he will one day have to reimburse, and gives him coupons to eat at U.S. fast food chains.


Quote:
"I can't even eat at Hardees anymore, I ate everything they had there for like two weeks straight," he said. "Now I can't even walk in there."

He said he was eating pizza now and that his fast food diet has left him feeling distinctly unhealthy.


Actually I don't feel very sympathetic about his diet. He can buy falafel, fuul (basically refried beans Arab style), etc for less than 50 cents at a cheap restaurant.

Anyway, nice to know the GWOT continues to take away US citizens' rights.
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Fox



Joined: 04 Mar 2009

PostPosted: Wed Jun 16, 2010 4:52 pm    Post subject: Reply with quote

Instead of reimbursing him for his hotel room and giving him food coupons, they should just let him get on the damn plane. Surely there's someone with authority to override this silly list?
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bucheon bum



Joined: 16 Jan 2003

PostPosted: Wed Jun 16, 2010 5:16 pm    Post subject: Reply with quote

And if they're that worried about him, give him an air marshal escort or something like that.
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Summer Wine



Joined: 20 Mar 2005
Location: Next to a River

PostPosted: Wed Jun 16, 2010 8:44 pm    Post subject: Reply with quote

Yeah, saw that article.

It really sucks. If they are that worried about him, keep him under observation for a while just to see what he does.

But, you would have thought they would rather have him back in the US under observation than joining a radical group outside of it because they pissed on him.
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djsmnc



Joined: 20 Jan 2003
Location: Dave's ESL Cafe

PostPosted: Wed Jun 16, 2010 9:29 pm    Post subject: Reply with quote

If the US had been smart and not let Somalis in the first time, these situations wouldn't come up. What a waste!
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bacasper



Joined: 26 Mar 2007

PostPosted: Thu Jun 17, 2010 12:14 am    Post subject: Re: American Stranded in Egypt due to No-Fly List Reply with quote

bucheon bum wrote:
Article


Quote:
CAIRO � A Virginia man, stuck in Egypt for the last six weeks living in a cheap hotel and surviving on fast food, said Wednesday his name was placed on a U.S. no-fly list because of a trip to Yemen.

Yahya Wehelie, 26, who was born in Fairfax, Virginia, to Somali parents was returning with his brother Yusuf from 18 months studying in Yemen, when Egyptian authorities stopped him from boarding his flight to New York saying the FBI wanted to speak with him.


Umm ok, this guy just got shat on big time.

But we're not totally screwing him over!

Quote:
Wehelie said the US embassy is for now paying the $16 a night for his hotel, which he will one day have to reimburse, and gives him coupons to eat at U.S. fast food chains.


Quote:
"I can't even eat at Hardees anymore, I ate everything they had there for like two weeks straight," he said. "Now I can't even walk in there."

He said he was eating pizza now and that his fast food diet has left him feeling distinctly unhealthy.


Actually I don't feel very sympathetic about his diet. He can buy falafel, fuul (basically refried beans Arab style), etc for less than 50 cents at a cheap restaurant.

Anyway, nice to know the GWOT continues to take away US citizens' rights.

Yes, falafel is awesome and cheap.

But this damn no-fly list is illegal and unconstitutional. It violates the right to travel. The man has committed no crime. I can't believe all the people here so quick to go along with these new, blatant rights violations.

It's very sad, and serious.
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Fox



Joined: 04 Mar 2009

PostPosted: Thu Jun 17, 2010 12:44 am    Post subject: Re: American Stranded in Egypt due to No-Fly List Reply with quote

bacasper wrote:

But this damn no-fly list is illegal and unconstitutional. It violates the right to travel.


Where in the Constitution is one's right to travel protected? I'm not saying I support the no-fly list (I don't), and I believe there are in fact some judicial rulings that support a right to travel, but I don't remember anything in the Constitution itself about the matter? Especially with regards to travel internationally via a very specific mode of transportation.
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The Happy Warrior



Joined: 10 Feb 2010

PostPosted: Thu Jun 17, 2010 3:07 am    Post subject: Re: American Stranded in Egypt due to No-Fly List Reply with quote

Fox wrote:
bacasper wrote:

But this damn no-fly list is illegal and unconstitutional. It violates the right to travel.


Where in the Constitution is one's right to travel protected?


Its not an enumerated right, but I'm sure we can find the right to travel somewhere. Hrmm, maybe if we use Reagan's Constitution, which guarantees life, liberty, and the pursuit of happiness.
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bacasper



Joined: 26 Mar 2007

PostPosted: Thu Jun 17, 2010 4:30 am    Post subject: Re: American Stranded in Egypt due to No-Fly List Reply with quote

The Happy Warrior wrote:
Fox wrote:
bacasper wrote:

But this damn no-fly list is illegal and unconstitutional. It violates the right to travel.


Where in the Constitution is one's right to travel protected?


Its not an enumerated right, but I'm sure we can find the right to travel somewhere. Hrmm, maybe if we use Reagan's Constitution, which guarantees life, liberty, and the pursuit of happiness.


I realize that it is not in the Bill of Rights, and THW is right, at least according to Justice Stewart concurring with the majority in a 1969 case.

Travel is a liberty, and under our Constitution, one cannot be deprived of life, liberty, or property without due process of law, something which certainly IS in our Bill of Rights. Wehelie has certainly not been afforded due process. Of course, one could argue that since he is not in US territory he does no enjoy Constitutional protections, but by the same token, the US government has no valid claim to extraterritorial jurisdiction either (certain laws currently prohibiting private behaviors in other countries notwithstanding).

It IS in the UN Declaration of Human Rights as well as traditionally part of the common law.

The Right To Travel

Quote:
As the Supreme Court notes in Saenz v Roe, 98-97 (1999), the Constitution does not contain the word "travel" in any context, let alone an explicit right to travel (except for members of Congress, who are guaranteed the right to travel to and from Congress). The presumed right to travel, however, is firmly established in U.S. law and precedent. In U.S. v Guest, 383 U.S. 745 (1966), the Court noted, "It is a right that has been firmly established and repeatedly recognized." In fact, in Shapiro v Thompson, 394 U.S. 618 (1969), Justice Stewart noted in a concurring opinion that "it is a right broadly assertable against private interference as well as governmental action. Like the right of association, ... it is a virtually unconditional personal right, guaranteed by the Constitution to us all." It is interesting to note that the Articles of Confederation had an explicit right to travel; it is now thought that the right is so fundamental that the Framers may have thought it unnecessary to include it in the Constitution or the Bill of Rights.


Also, other Supreme Court cases have also affirmed it:

Quote:
The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment.

- Kent v. Dulles, 357 US 116, 125.

Quote:
The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right.

- Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.
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