No. 25-6851

Jose David Payba Lacayo v. United States

Lower Court: Eleventh Circuit
Docketed: 2026-02-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: exclusive-economic-zone extraterritorial-jurisdiction foreign-nationals high-seas international-law maritime-drug-law-enforcement-act
Latest Conference: 2026-03-20
Question Presented (from Petition)

Petitioner, a foreign national found on a boat within 200 miles of Colombia, was prosecuted for two marijuana offenses under the Maritime Drug Law Enforcement Act ("MDLEA"). The questions presented are:

1. Are Congress's powers under Article I, Section 8, Clause 10 of the United States Constitution, which authorizes Congress "[t]o define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations," limited by international law?

2. Does 46 U.S.C. § 70502(d)(1)(C) of the MDLEA exceed Congress's powers by authorizing the United States to assert jurisdiction over foreign nationals for wholly foreign, extraterritorial crimes, in violation of international law?

3. Does Congress's power "[t]o define and punish . . . Felonies committed on the high Seas," authorize the United States to enforce its criminal laws upon foreign nationals for offenses committed inside a foreign nation's Exclusive Economic Zone?

Question Presented (AI Summary)

Whether Congress's powers under Article I, Section 8, Clause 10 to define and punish felonies on the high seas are limited by international law and whether the Maritime Drug Law Enforcement Act exceeds constitutional authority by asserting jurisdiction over foreign nationals for extraterritorial crimes committed in a foreign nation's Exclusive Economic Zone

Docket Entries

2026-03-23
Petition DENIED.
2026-03-05
DISTRIBUTED for Conference of 3/20/2026.
2026-02-25
Waiver of United States of right to respond submitted.
2026-02-25
Waiver of right of respondent United States to respond filed.
2026-02-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 20, 2026)

Attorneys

Jose David Payba Lacayo
M. Allison GuagliardoOffice of the Federal Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent