Case Status

UNITED STATES v. ALVAREZ-MACHAIN, HUMBERTO (42858)

    Order dated: 12/01/03
    Docket number: 03-485
    Action:
        are consolidated and a total of one hour is allotted for oral argument.

UNITED STATES v. ALVAREZ-MACHAIN, HUMBERTO (42858)

    Order dated: 01/26/04
    Docket number: 03-485
    Action:
        joint appendix is granted.

UNITED STATES v. ALVAREZ-MACHAIN, HUMBERTO (42858)

    Order dated: 03/19/04
    Docket number: 03-485
    Action:
        of time for oral argument and for divided argument is granted.

A description of the questions presented by the case has been prepared:

(1) Whether the Alien Tort Statute (ATS), 28 U.S.C. 1350 creates a private cause of action for aliens for torts committed anywhere in violation of the law of nations or treaties of the United States or, instead, is a jurisdiction-granting provision that does not establish private rights of action? (2) Whether, to the extent that the Alien Tort Statute is not merely jurisdictional in nature, the challenged arrest in this case is actionable under the act? (3) Whether federal law enforcement officers, and agents of the Drug Enforcement Administration in particular, have authority to enforce a federal criminal statute that applies to acts perpetrated against a United States official in a foreign country by arresting an indicted criminal suspect on probable cause in a foreign country? (4) Whether an individual arrested in a foreign country may bring an action under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671 et seq., for false arrest, notwithstanding the FTCA's exclusion of "[a]ny claim arising in a foreign country," 28 U.S.C. 2680(k), because the arrest was planned in the United States?