No. 22-5295

Nizar Trabelsi, aka Nizar Ben Abdelaziz Trabelsi, aka Abu Qa'Qa v. United States

Lower Court: District of Columbia
Docketed: 2022-08-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof criminal-prosecution due-process extradition-treaty foreign-court-rulings judicial-deference ministerial-determination prior-prosecution willful-blindness
Key Terms:
FifthAmendment Privacy JusticiabilityDoctri
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether a trial court should defer to a foreign nation's determination of an extradition treaty violation or make its own findings

Question Presented (OCR Extract)

QUESTION PRESENTED 1. Whether a trial court considering a request for dismissal of an indictment based on the violation of an extradition treaty’s prohibition on prior prosecution should defer to a determination of a foreign nation’s Minister of Justice or make their own findings and determinations, particularly when a foreign court held that the extradition treaty was violated and issued rulings limiting the conduct for which the United States court can prosecute the defendant? i

Docket Entries

2022-10-11
Petition DENIED. Justice Kavanaugh and Justice Jackson took no part in the consideration or decision of this petition.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-16
Waiver of right of respondent United States to respond filed.
2022-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2022)
2022-07-22
Application (21A854) granted by The Chief Justice extending the time to file until August 1, 2022.
2022-07-20
Application (21A854) to extend further the time from July 25, 2022 to August 22, 2022, submitted to The Chief Justice.
2022-06-27
Application (21A854) granted by The Chief Justice extending the time to file until July 25, 2022.
2022-06-21
Application (21A854) to extend the time to file a petition for a writ of certiorari from June 23, 2022 to August 22, 2022, submitted to The Chief Justice.

Attorneys

Nizar Trabelsi
Marc EisensteinCoburn & Greenbaum PLLC, Petitioner
Marc EisensteinCoburn & Greenbaum PLLC, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent