No. 20-1385

Tarek Obaid v. United States

Lower Court: Ninth Circuit
Docketed: 2021-04-02
Status: Denied
Type: Paid
Tags: 28-usc-1355 civil-forfeiture due-process in-rem in-rem-jurisdiction minimum-contacts pennoyer-v-neff property-situs shaffer-v-heitner statutory-interpretation
Latest Conference: 2021-09-27
Question Presented (from Petition)

Does the Due Process Clause, as construed by Shaffer v. Heitner, require application of the "minimum contacts" test to true in rem proceedings?; and

Does 28 U.S.C. § 1355(b) preempt State property situs laws and create a "legal fiction" that property subject to forfeiture—located anywhere in the world—is legally sited in "the district in which any of the acts or omissions giving rise to the forfeiture occurred"?

If the answer to the above question is "yes," does the "legal fiction" of property situs established by 28 U.S.C. 1355(b) per se satisfy due process and thereby dispense with a court's obligation to determine whether a property owner himself has actual, purposeful, minimum contacts with the forum?

Question Presented (AI Summary)

Does the Due Process Clause require application of the minimum-contacts test to in-rem proceedings?

Docket Entries

2021-10-04
Petition DENIED.
2021-08-24
Reply of petitioner Tarek Obaid filed. (Distributed)
2021-07-21
DISTRIBUTED for Conference of 9/27/2021.
2021-07-02
Brief of respondent United States in opposition filed.
2021-05-17
Motion to extend the time to file a response is granted and the time is further extended to and including July 2, 2021.
2021-05-14
Motion to extend the time to file a response from June 2, 2021 to July 2, 2021, submitted to The Clerk.
2021-04-28
Motion to extend the time to file a response is granted and the time is extended to and including June 2, 2021.
2021-04-27
Motion to extend the time to file a response from May 3, 2021 to June 2, 2021, submitted to The Clerk.
2021-03-31
Petition for a writ of certiorari filed. (Response due May 3, 2021)

Attorneys

Tarek Obaid
David B. Rivkin Jr.Baker & Hostetler LLP, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent