Project DIANA : Filartiga v. Pena-Irala: Motion to Dismiss Complaint

Filartiga v. Pena-Irala: Motion to Dismiss Complaint

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

_____________________________

DOLLY M.E. FILARTIGA and 

DR. JOEL FILARTIGA,

Plaintiffs      NOTICE OF MOTION

              TO DISMISS COMPLAINT 

              AND FURTHER RELIEF

              AND SUPPORTING AFFIDAVITS

              79 Civ.917 (EHN)

-against-

AMERICO NORBERTO PENA-IRALA,

LEONEL CASTILLO, as Commissioner

of the United States Immigration

and Naturalization Service and 

GEORGE VICIAN, as District Director,

Immigration and Naturalization

Service, New York,

Defendants

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

TO: PETER WEISS    MICHAEL MAGGIO

  RHONDA COPELON   GOREN AND MAGGIO 

  JOHN W. CORWIN    1801 Columbia Rd.N.W.

  JOSE ANTONIO LUGO   Suite 100 

  c/o Center for    Washington, D.C.

  Constitutional Rights   Attorneys for Plaintiffs

  853 Broadway 

  New York, New York 10003 

  Attorneys for Plaintiffs

  EDWARD R. KORMAN, ESQ.

  U.S. ATTORNEY FOR THE

  EASTERN DISTRICT OF NEW YORK

  225 Cadman Plaza East

  Brooklyn, New York 11201

  Attorney for Defendants

  Leonel Castillo, and George Vician

SIRS:

PLEASE TAKE NOTICE that on Monday, May 14, 1979, at 9:30 a.m. or as soon thereafter as counsel may be heard, that being the adjourned return date of plaintiffs' Order to Show Cause, defendant Americo Norberto Pena-Irala, will move before the United States District Court for the Eastern District of New York (Honorable Eugene H. Nickerson) at the United States Court House, 225 Cadman Plaza East, Brooklyn, New York, for the following relief:

1. To dismiss plaintiffs' complaint and to vacate the stay heretofore entered for lack of federal jurisdiction;

2. To dismiss this Court's Order to Show Cause and to vacate the stay contained therein because the detention of defendant Pena-Irala in the custody of the United States has no legal justification; and

3. To dismiss the suit and vacate the stay order under the doctrine of forum non conveniens.

In support of this motion, defendant Pena-Irala will rely upon the affidavit of Jose Emilio Gorosdiaga, sworn to and subscribed by him May 3, 1979, the statement of Dr. Ramiro Rodriguez Alcala dated May 2, 1979, the certification of the Supreme Court of Justice of the Republic of Paraguay dated May 2, 1979, and the affidavit of translation of Alfredo Garcia sworn to and subscribe by him May 4, 1979 with a translation of Gorosdiaga's affidavit and of Alcala's statement, copies of which are annexed hereto and upon a Memorandum of Law served upon you herewith.

ROBERT G. REBOLLO, ESQ.

SANGIORGIO, FRANGANO,

REBOLLO  BARONE

-AND

MATTHEW P. BOYLAN, ESQ.,and

MURRY D. BROCHIN, ESQ.

LOWENSTFIN,SANDLER,BROCHIN,

KOHL' FISHER  BOYLAN

A Professional Corporation

Attorneys for Defendant Pena-

Irala

By:

ROBERT G. REBOLLO

Dated: May 7, 1979

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