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MORA v. PEOPLE OF STATE OF NEW YORK

Docket No. 06-0341-pr.

524 F.3d 183 (2008)

Ricardo A. de los Santos MORA, Plaintiff-Appellant, v. The PEOPLE of the STATE OF NEW YORK, Richard A. Brown, District Att., FLushing Queens Police Dept., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 24, 2008.

Attorney(s) appearing for the Case

Michael Dover, Jae Lee1 (Irena Nikolic, Jon Romberg, on the brief), Seton Hall University School of Law, Center for Social Justice, Newark, NJ, for Plaintiff-Appellant.

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.

Before: LEVAL, CABRANES, and RAGGI, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

This appeal concerns obligations imposed by Article 36 of the Vienna Convention on Consular Relations ("the Vienna Convention" or "the Convention"), Apr. 24, 1963, [1970] 21 U.S.T. 77, 100-101, T.I.A.S. No. 6820. When a national of one country is detained by authorities in another country, paragraph 1 of Article 36 imposes several requirements. Paragraph 1(b) contains three obligations: (1) "the authorities must notify the consular...

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