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Petition of the day

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.

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