"This is a woman who inflicted enormous risk on American soldiers, on American citizens, she's a terrorist".
Mr Shibly said the US Government said she did not qualify for citizenship because her father was a Yemeni diplomat.
Ashfaq Taufique, who knows Muthana's family and is president of the Birmingham Islamic Society, told ABC that he recalled the young woman as "gentle" and "smiling".
After being smuggled into ISIS-controlled territory, she tweeted a photo of an American passport, with the caption "bonfire soon, no need for these anymore".
However, Shibly is arguing that since the elder Muthana was no longer at diplomat at the time of Hoda's birth (and therefore within the jurisdiction of the U.S.), the ISIS bride was automatically a citizen protected under the 14th Amendment. She used social media platforms to "spread hatred against non-Muslims and call for terror attacks in the US", as The Daily Mail noted. "I have to say, I've got more sympathy with how they're handling this than we are".
President Trump recently told the United Kingdom and other European countries to take back and put on trial Islamic State (IS) fighters captured in the final battle against the group.
Last month, as Kurdish forces backed by US-led coalition aircraft beat ISIS back to territory only kilometers wide, she chose to attempt an escape.
He called Secretary of State Mike Pompeo's statement declaring Muthana not a citizen of the United States "the right call". There are references in media stories about Muthana that say that after she left the US for Syria, she shared on social media a picture of herself burning her passport.
Hassan Shibly said Ms Muthana had renounced Isis and wanted to come back home to protect her young son.
Trump demands Europe put IS fighters on trial
Syria's Kurds have repeatedly called for their countries of origin to take them back, but these nations have been reluctant. The Kurdish-led SDF reportedly later said trucks have been sent into the jihadists' enclave to evacuate the civilians.
However, a State Department spokesperson said Wednesday evening that Muthana "was not born a USA citizen and she has never been a US citizen".
She said that whatever happens, she should not go to jail though she expects she will be sentenced to prison.
Muthana was born in the United States to parents from Yemen who became naturalized American citizens, according to the Counter Extremism Project at George Washington University, which has identified 64 Americans who went to join the Islamic State group in Syria or Iraq. Shibly added that she regretted fleeing the USA and she wants to help others like her.
But the lawyer said her father had not had diplomatic status "for months" before her birth in Hackensack, New Jersey.
Pompeo argued this week that Muthana does not have citizenship as her father was a foreign diplomat from Yemen who was working in the USA when she was born here.
"I believe that America gives second chances".
Shibly told BuzzFeed News on Wednesday that she was born in the U.S. state of New Jersey.
Thousands of captured foreign ISIS fighters face an uncertain future in Kurdish prison camps as some want to return home, including several Canadians. 'She is not a USA citizen, nor is she entitled to US citizenship'.
"She surrendered last month to the coalition forces fighting ISIS, and now spends her days as a detainee in a refugee camp in northeastern Syria".
She was married three times and has a toddler son.