surprised. to prevail we had to show she would suffer immediate harm. that was a difficult question. although we were disappointed on that part of the ruling, we were encouraged by the judge's comments on the strength of our case which is another one of the prongs. he did not rule that our case was not strong. >> martha: in what way did he indicate the case was strong? >> well, the government's argument is that she is not a citizen not because she wasn't born here and not because her father was a diplomat at the time. the government argues the fact that yemen didn't notify them that they furthered her father for his diplomat post for 5 months that he kept diplomatic immunity. >> martha: if he is not a