Batato v. United States

(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.