No. 19-6546

Elmer Misael Garcia Ramirez v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-11-07
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: constitutional-authority define-and-punish-clause due-process high-seas international-law international-waters jurisdiction maritime-law nexus
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2020-03-06 (distributed 2 times)
Question Presented (AI Summary)

Whether the trial court lacked jurisdiction because neither the U.S. Constitution nor any theory of international law permits jurisdiction to be asserted over a vessel found in international waters, approximately 560 nautical miles south of the Mexico-Guatemala border, with no discernable nexus to the United States

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the trial court lacked jurisdiction because neither the U.S. Constitution nor any theory of international law permits jurisdiction to be asserted over a vessel found in international waters, approximately 560 nautical miles south of the Mexico-Guatemala border, with no discernable nexus to the United States. The Government’s attempt to impose its authority on foreign actors sailing upon foreign waters is based on a misreading of the text and of the history of the Define and Punish Clause. i

Docket Entries

2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-03
Brief of respondent United States of America in opposition filed.
2019-12-27
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2020.
2019-12-26
Motion to extend the time to file a response from January 2, 2020 to February 3, 2020, submitted to The Clerk.
2019-12-02
Response Requested. (Due January 2, 2020)
2019-11-21
DISTRIBUTED for Conference of 12/6/2019.
2019-11-15
Waiver of right of respondent United States of America to respond filed.
2019-11-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 9, 2019)

Attorneys

Elmer Misael Garcia Ramirez
Sonia Escobio O'DonnellA Professional Association Attorney At Law, Petitioner
Sonia Escobio O'DonnellA Professional Association Attorney At Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent