Claim captioned as an ATS claim but arising under FISA is properly construed as a FISA claim.
As FISA expropriation suits require factual correctness to state a claim, courts can pierce the pleadings.
Where a state distinguishes between nationals and foreigners among its permanent residents, the seizure does not implicate the domestic takings exception to FISA expropriation claims; in the case of dual nationals, the inquiry into residence is fact-specific.
An effects-based nexus under the commercial exception to FISA counters the presumption against extraterritoriality.
http://media.ca11.uscourts.gov/opinions/pub/files/201616748.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.