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Turkiye Halk Bankasi A.S. v. United States

Docket No.21-1450
Op. Below2nd Cir.
ArgumentJan 17, 2023

Holding

The district court has jurisdiction of this criminal prosecution under 18 U.S.C. § 3231, and the Foreign Sovereign Immunities Act's comprehensive scheme governing claims of immunity in civil actions against foreign states and their instrumentalities does not cover criminal cases.

Judgment

Affirmed in part, vacated and remanded in part, 9-0, in an opinion by Brett Kavanaugh on Apr 19, 2023. Justice Gorsuch filed an opinion concurring in part and dissenting in part, in which Justice Alito joined.

Proceedings & orders timeline

Jan 25, 2022
Application (21A373) to extend the time to file a petition for a writ of certiorari from March 15, 2022 to May 13, 2022, submitted to Justice Sotomayor.
Jan 31, 2022
Application (21A373) granted by Justice Sotomayor extending the time to file until May 13, 2022.
May 13, 2022
Petition for a writ of certiorari filed. (Response due June 16, 2022)
Jun 7, 2022
Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk.
Jun 9, 2022
Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022.
Jun 16, 2022
Brief amici curiae of Republic of Azerbaijan and Islamic Republic of Pakistan filed.
Jul 18, 2022
Brief of respondent United States in opposition filed.
Aug 2, 2022
Reply of petitioner Turkiye Halk Bankasi A.S. filed. (Distributed)
Aug 3, 2022
DISTRIBUTED for Conference of 9/28/2022.
Oct 3, 2022
Petition GRANTED.
Nov 10, 2022
SET FOR ARGUMENT on Tuesday, January 17, 2023.
Nov 14, 2022
Brief of petitioner Turkiye Halk Bankasi A.S. filed.
Nov 14, 2022
Joint appendix filed. (Statement of costs filed)
Nov 16, 2022
Record requested from the U.S.C.A. 2nd Circuit.
Nov 16, 2022
Record received from the U.S.C.A. 2nd Circuit. The record was received electronically.
Nov 21, 2022
Brief amici curiae of The Turkish Red Crescent, et al. filed.
Nov 21, 2022
Brief amicus curiae of Roger O'Keefe filed.
Nov 21, 2022
Brief amici curiae of Republic of Azerbaijan, et al. filed.
Nov 21, 2022
Brief amici curiae of Professors Ingrid (Wuerth) Brunk and William S. Dodge in support of neither party filed.
Nov 21, 2022
Brief amicus curiae of Republic of Türkiye filed.
Nov 21, 2022
Brief amicus curiae of Lord Daniel Brennan KC filed.
Dec 7, 2022
CIRCULATED
Dec 14, 2022
Brief of respondent United States filed. (Distributed)
Dec 21, 2022
Brief amici curiae of Mark B. Feldman, Esq., et al. filed. (Distributed)
Dec 21, 2022
Brief amicus curiae of United Against Nuclear Iran filed. (Distributed)
Dec 22, 2022
Record received from the U.S.D.C.-Southern District of New York (1 box of sealed materials).
Jan 6, 2023
Reply of petitioner Turkiye Halk Bankasi A.S. filed. (Distributed)
Jan 17, 2023
Argued. For petitioner: Lisa S. Blatt, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C
Apr 19, 2023
Adjudged to be AFFIRMED IN PART, VACATED, and case REMANDED IN PART. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in part and dissenting in part, in which Alito, J., joined.
Apr 26, 2023
Record returned to the U.S.D.C.-Southern District of New York (1 box of sealed materials).
May 22, 2023
Judgment issued.

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