The petition of the day is:

16-1206

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.

Posted in Batato v. U.S., Cases in the Pipeline

Recommended Citation: Aurora Barnes, Petition of the day, SCOTUSblog (Jun. 15, 2017, 10:30 PM), http://www.scotusblog.com/2017/06/petition-of-the-day-933/