No. 18-681

Chinyere U. Nwoke v. Consulate of Nigeria

Lower Court: Seventh Circuit
Docketed: 2018-11-23
Status: Denied
Type: Paid
Tags: 28-usc-1603 28-usc-1605 commercial-activity commercial-activity-exception diplomatic-immunity foreign-service fsia fsia-28-usc-1603 fsia-28-usc-1605(a)(2) missing-passports passport-issuance proper-service-28-usc-1608 service-of-process sovereign-immunity
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-02-15
Question Presented (from Petition)

Whether the practice of Respondent, CONSULATE
OF NIGERIA, NY, that requires consulate officials
to leave the New York Consulate office to advertise
and conduct national passport issuing exercises in
Chicago for extra cash-only fees, violates the
Commercial Activity Exception to Sovereign
Immunity under the FSJA of 28 U.S.C. § 1603 and
1605(à)(2)?

Whether the FSIA grants the Respondent immunity
when Respondent, after collecting payments and
fingerprints from applicants, declares the Nigerian
passports missing and irreplaceable?

Whether Respondent's receipt and response to
Petitioner's Complaint; and the district court's
ruling that "the circumstances are sufficient to
show proper service," conform to proper service
under 28 U.S.C. § 1608?

Question Presented (AI Summary)

Whether the practice of Respondent, CONSULATE OF NIGERIA, NY, that requires consulate officials to leave the New York Consulate office to advertise and conduct national passport issuing exercises in Chicago for extra cash-only fees, violates the Commercial Activity Exception to Sovereign Immunity under the FSIA of 28 U.S.C. § 1603 and 1605(a)(2)?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-09
DISTRIBUTED for Conference of 2/15/2019.
2018-09-28
Petition for a writ of certiorari filed. (Response due December 24, 2018)

Attorneys

Chinyere U. Nwoke
Chinyere Nwoke — Petitioner