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Batato v. United States

Petition for certiorari denied on October 2, 2017

Docket No. Op. Below Argument Opinion Vote Author Term
16-1206 4th Cir. N/A N/A N/A N/A OT 2017

Issue: (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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
01/25/2017Application (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.
01/26/2017Application (16A747) granted by The Chief Justice extending the time to file until April 7, 2017.
04/07/2017Petition for a writ of certiorari filed. (Response due May 8, 2017)
04/14/2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioners.
05/03/2017Order extending time to file response to petition to and including June 7, 2017.
05/08/2017Brief amici curiae of Institute for Justice, et al. filed.
06/07/2017Brief of respondent United States in opposition filed.
06/21/2017DISTRIBUTED for Conference of September 25, 2017.
06/21/2017Reply of petitioners Finn Batato, et al. filed. (Distributed)
09/01/2017Supplemental brief of petitioners Finn Batato, et al. filed. (Distributed)
10/02/2017Petition DENIED.