Batato v. United States
Petition for certiorari denied on October 2, 2017
Issues: (1) Whether a district court, consistent with Article III of the United States Constitution, can exercise in rem jurisdiction over foreign property that is within the exclusive custody and control of foreign courts; (2) whether a district court, consistent with 28 U.S.C. § 2466 and due process, can resolve factual disputes and make adverse credibility determinations at the pleading stage in finding that a claimant is a disentitled fugitive; and (3) whether a foreign national residing abroad should be deemed to have the intent “to avoid criminal prosecution” and be disentitled as a fugitive, consistent with 28 U.S.C. § 2466 and due process, merely because avoiding criminal prosecution is a reason (not the sole or primary reason) why the foreign national has not entered the United States while aware that he faces criminal prosecution here.
Date | Proceedings and Orders (key to color coding) |
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Jan 25 2017 | Application (16A747) to extend the time to file a petition for a writ of certiorari from February 7, 2017 to April 7, 2017, submitted to The Chief Justice. |
Jan 26 2017 | Application (16A747) granted by The Chief Justice extending the time to file until April 7, 2017. |
Apr 07 2017 | Petition for a writ of certiorari filed. (Response due May 8, 2017) |
Apr 14 2017 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners. |
May 03 2017 | Order extending time to file response to petition to and including June 7, 2017. |
May 08 2017 | Brief amici curiae of Institute for Justice, et al. filed. |
Jun 07 2017 | Brief of respondent United States in opposition filed. |
Jun 21 2017 | DISTRIBUTED for Conference of September 25, 2017. |
Jun 21 2017 | Reply of petitioners Finn Batato, et al. filed. (Distributed) |
Sep 01 2017 | Supplemental brief of petitioners Finn Batato, et al. filed. (Distributed) |
Oct 02 2017 | Petition DENIED. |