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Case Citations 1 (July 2017 through April 2018)

handle is hein.ali/resfrlus0043 and id is 1 raw text is: FOREIGN RELATIONS LAW OF THE UNITED STATES 2D PART I. JURISDICTION CHAPTER 1. MEANING OF JURISDICTION § 6. Jurisdiction Defined C.A.11, 2017. Com. (a) cit. in disc. The U.S. Coast Guard arrested and charged four Guatemalan nationals found onboard a vessel in the Pacific Ocean with possession with intent to distribute a controlled substance in violation of the Maritime Drug Law Enforcement Act (MDLEA), after the Guatemalan government failed to confirm or deny registry of the vessel at the time of arrest. The district court denied defendants' motion to dismiss for lack of jurisdiction, granted the government's motion to determine that the vessel was subject to the jurisdiction of the United States, and convicted all four defendants. This court held that a certification from the Secretary of State provided conclusive proof that the vessel was within the jurisdiction of the United States and that the statutory requirements for MDLEA prosecution in the U.S. courts had been met. The court cited Restatement Second of Foreign Relations Law § 6, Comment a, in discussing the limits of a nation's jurisdiction to prescribe and enforce a rule of law. United States v. Hernandez, 864 F.3d 1292, 1304. CHAPTER 4. IMMUNITIES FROM JURISDICTION TOPIC 2. IMMUNITIES OF FOREIGN STATE § 66. Applicability of Immunity of Foreign State D.D.C.2017. Cit. in sup.; subsec. (f) quot. in sup. American citizen who was detained while working as a security advisor in the Democratic Republic of the Congo (DRC) brought an action under the Torture Victim Protection Act against DRC intelligence and judicial officials, asserting that he was unlawfully detained and tortured. This court granted defendants' motion to dismiss, holding that it lacked subject- matter jurisdiction, because defendants were immune under the common-law doctrine of foreign official immunity. Relying on the factors set forth in Restatement Second of Foreign Relations Law § 66, the court explained that because defendants were DRC agents who took action detaining plaintiff in their official capacities, exercising jurisdiction would have the effect of enforcing a rule of law against the DRC. Lewis v. Mutond, 258 F.Supp.3d 168, 172. PART III. INTERNATIONAL AGREEMENTS A L I , For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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