United States Second Circuit

A state-party's failure to fulfill its obligation to inform a detained alien of the prospect of consular notification and access, pursuant to Article 36 of the Vienna Convention, cannot form the basis for the individual to bring an action for damages under the Alien Tort Statute (ATS), 42 U.S.C. section 1983, or directly under the Vienna Convention.

Appellate Information

• Decided 04/24/2008
• Published 04/24/2008

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before: LEVAL, CABRANES, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Michael Dover, Jae Lee  (Irena Nikolic, Jon Romberg, on the brief), Seton Hall University School of Law, Center for Social Justice, Newark, NJ, for Plaintiff-Appellant.


• For Appellees:
  
• Alan Beckoff, Assistant Corporation Counsel (Michael A. Cardozo, Corporation Counsel of the City of New York, Leonard Koerner, Assistant Corporation Counsel, on the brief), New York City Law Department, New York, NY, for Defendants-Appellees., Sharon Swingle, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC (James H. Thessin, Acting Legal Adviser, United States Department of State, Washington, DC;  Peter D. Keisler, Assistant Attorney General, United States Department of Justice, Washington, DC;  Roslynn R. Mauskopf, United States Attorney, United States Attorney's Office for the Eastern District of New York, Brooklyn, NY;  Douglas N. Letter, Attorney, Robert M. Loeb, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, on the brief), for Amicus the United States in Support of Defendants-Appellees.