Alvarez machain brought a lawsuit against the united states for false arrest and against several mexican nationals, including francisco sosa, for violating the law of nations. Citations are generated automatically from bibliographic data as a convenience, and may not be complete or accurate. The two issues are whether respondent alvarezmachains allegation that the drug enforcement administration instigated his abduction from mexico for criminal. Jun 29, 2004 the drug enforcement administration dea approved using petitioner sosa and other mexican nationals to abduct respondent alvarez machain alvarez, also a mexican national, from mexico to stand trial in the united states for a dea agents torture and murder. However, the court granted summary judgment for alvarez machain on his claim against sosa, reasoning that recovery was available because, the court believed, alvarez machain s arrest and detention violated international law. Alvarezmachain audio transcription for opinion announcement june 29, 2004 in sosa v. Once in american custody, alvarez moved to dismiss the indictment on the ground that his seizure was outrageous governmental conduct, alvarez machain, 504 u. Introduction in 1996, northern nigeria was plagued by a bacterial meningitis epidemic.
Nonetheless, the ninth circuit allowed the action to proceed under what is known as the headquarters doctrine, concluding that, because alvarezs abduction was the direct result of wrongful planning and direction by dea agents in california, his claim did not arise in a foreign country. Alvarezmachain brought a lawsuit against the united states for false arrest and against several mexican nationals, including francisco sosa, for violating the law of nations. The operation to capture and detain alvarez was planned and directed by drug enforcement administration dea agents in the united states. Introduction when the mexican drug cartel abducted, tortured, and murdered. The parties later stipulated to the substitution of the united states for garate. Our brief defended the use of the alien tort statute ats as an effective judicial remedy for survivors of gross human rights violations, and it highlighted a number of cases illustrating how the ats. The us supreme court revisited this famous scenario, after alvarezmachain brought a civil suit against the sosa and the us, based on his prior kidnaping. Sosa and the derivation of customary international law by john o. Sosas interlocutory appeal on the substitution motion was dismissed for lack of appellate jurisdiction.
Alvarez machain alvarez plaintiff alleged he was wrongfully captured and arbitrarily detained in mexico by sosa defendant, a bounty hunter operating as a united states agent. The drug enforcement administration dea approved using petitioner sosa and other mexican nationals to abduct respondent alvarez machain alvarez, also a mexican national, from mexico to stand trial in the united states for a dea agents torture and murder. Alvarez machain returned to mexico and brought a lawsuit against the united states for false arrest and against mexican national sosa for violating the law of nations. Federal tort claims acts exception to waiver of sovereign immunity for claims arising in a foreign country bars claims based on any injury suffered in a foreign country regardless of where the. The operation to capture and detain alvarez was planned and directed by drug enforcement administration dea agents in.
Once in american custody, alvarez moved to dismiss the indictment on the ground that his seizure was outrageous governmental conduct, alvarezmachain, 504 u. Mcginnis my charge in this brief essay is to assess the implications of the recent supreme court decision in sosa v. Alvarez machain and petitioner sosa filed separate appeals. Alvarezmachain and human rights claims against corporations under the alien tort statute november 1, 2005. In february 2004, cja filed an amicus brief with the u. The district court dismissed alvarez machain s ftca claims against the united states. Alvarez also cites, brief for respondent alvarez machain 4950, a finding by a united nations working group that his detention was arbitrary under the declaration, the covenant, and customary international law. The drug enforcement administration dea approved using petitioner sosa and other mexican nationals to abduct respondent alvarezmachain alvarez, also a mexican national, from mexico to stand trial in the united states for a dea agents torture and murder.
The presence of an extradition treaty between the united states and another country does not necessarily preclude obtaining a citizen of that nation through abduction. On remand, alvarez machain was tried in federal court. Alvarez also cites, brief for respondent alvarezmachain 4950, a finding by a united nations working group that his detention was arbitrary under the declaration, the covenant, and customary international law. As relevant here, after his acquittal, alvarez sued the united states for false. He sued sosa, mexican citizen and dea operative antonio garatebustamante, five unnamed mexican civilians, the united states, and four dea agents. Whether the ata, is simply a grant of jurisdiction, or whether, in addition to granting jurisdiction, it provides a cause of action upon which aliens may sue for torts in violation of the law of nations or treaties of the united states. Sosa did not sweep every kind of international law under the reach of the ats. Regarding sosa, the supreme court held that alvarezmachains arbitrary detention was not a violation of the law of nations. Supreme court decision on the scope of the alien tort statute. Carlos manuel vazquez when the supreme courts decision in sosa v alvarez machain. The us supreme court revisited this famous scenario, after alvarez machain brought a civil suit against the sosa and the us, based on his prior kidnaping. The future of customary international law in the united.
Alvarez machain and human rights claims against corporations under the alien tort statute november 1, 2005. Alvarezmachain ended over two decades of suspense about the modern application of the alien tort statute ats, an eighteenthcentury statute that has been used since 1980 as the basis for international human rights litigation in federal courts. Nonetheless, the ninth circuit allowed the action to proceed under what is known as the headquarters doctrine, concluding that, because alvarez s abduction was the direct result of wrongful planning and direction by dea agents in california, his claim did not arise in a foreign country. Alvarezmachain s trial was allowed to commence, albeit to no avail. Alvarezmachain, the court held that the ats allows federal courts to hear only a narrow set of claims for violations of. Sosa s interlocutory appeal on the substitution motion was dismissed for lack of appellate jurisdiction. On writs of certiorari to the united states court of appeals for the ninth circuit june 29, 2004 justice ginsburg, with whom justice breyer joins, concurring in part and concurring in the judgment. So far as it matters here, alvarez sought damages from the united states under the ftca, alleging false arrest, and from sosa under the ats, for a violation of the law of nations. However, the court granted summary judgment for alvarez machain on his claim against sosa, reasoning that recovery was available because, the court believed, alvarez machain s arrest and. The district court and court of appeal also en banc confirmed his claim in part. Alvarezmachain charged sosa and his other captors with violating international norms that prohibit kidnapping, arbitrary arrest, and detention. Alvarezmachain, the court held that the atca applies only to violations of international norms that are specific, universal, and obligatory, and it determined that general prohibitions against arbitrary arrest and detention did not meet that standard. See report of the united nations working group on arbitrary detention, u. Humberto 5 alvarez machain, and the united states v.
Alvarez machain s trial was allowed to commence, albeit to no avail. International covenant on economic, social and cultural. Sosa and the derivation of customary international law by. He had been kidnaped from mexico, by a sosa and others, to stand trial in the us. It reconfirmed the kerfrisbie doctrine established in ker v. The claim of alvarez p was that the bounty hunters who brought him. Alvarez machain charged sosa and his other captors with violating international norms that prohibit kidnapping, arbitrary arrest, and detention. The alien tort statute and federal common law in sosa v. Jun 29, 2004 alvarez machain s trial was allowed to commence, albeit to no avail. Sosa and other mexican nationals to abduct respondent alvarez machain alvarez, also a mexican national, from mexico to stand trial in the united states for a dea agents torture and murder. The dea attempted to work with the mexican government to bring alvarez to the united states. Audio transcription for oral argument march 30, 2004 in sosa v. Alvarezmachain is a lawsuit against francisco sosa for wrongly detaining dr. The district court agreed, the ninth circuit affirmed, and we reversed, id.