No. 22-7442

Paulino Vasquez-Rijo v. United States

Lower Court: Eleventh Circuit
Docketed: 2023-05-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: drug-enforcement exclusive-economic-zone felonies-clause high-seas international-law maritime-drug-law-enforcement-act maritime-law stateless-vessels vessel-nationality
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Whether MDLEA §70502(d)(1)(C) is Unconstitutional

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW This case raises two matters of constitutional and jurisdictional importance concerning the Felonies Clause of the United States Constitution, Article I, §8, cl. 10, and the Maritime Drug Law Enforcement Act (““MDLEA”), 46 U.S.C. §70501, et. seq. These questions are federal matters of exceptional importance which this Court should resolve for their uniform treatment and application in the lower courts. These questions are: 1. Whether MDLEA §70502(d)(1)(C) is Unconstitutional Because Its Definition of “a Vessel Without Nationality,” Provides for Foreign Vessels to Be Deemed Stateless Vessels for Purposes of Jurisdiction, Contrary to the Requirements of the Felonies Clause and Its Incorporated Customary Principles of International Law. 2. Whether the MDLEA is Unconstitutional as Applied to Vessels Within a Foreign Nation’s Exclusive Economic Zone (EEZ), Because the EEZ Does Not Constitute the “high Seas” Within the Meaning of the Felonies Clause and Its Incorporated Customary Principles of International Law. i INTERESTED

Docket Entries

2023-06-05
Petition DENIED.
2023-05-17
DISTRIBUTED for Conference of 6/1/2023.
2023-05-11
Waiver of right of respondent United States to respond filed.
2023-04-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2023)
2023-03-08
Application (22A785) granted by Justice Thomas extending the time to file until April 27, 2023.
2023-03-03
Application (22A785) to extend the time to file a petition for a writ of certiorari from March 28, 2023 to May 27, 2023, submitted to Justice Thomas.

Attorneys

Paulino Vasquez-Rijo
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
Margaret Yvonne FoldesFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent