The Federalist Society  Humberto Alvarez-Machain v. United
States: The Ninth Circuit Panel Decision of September 11
February 15, 2005  Ronald J. Rychlak  On September 11, 2001, as
most of the nation watched on in horror at the events in New
York, Washington, and Pennsylvania, a panel of judges from the
United States Ninth Circuit Court of Appeals released an opinion
holding that a Mexican citizen could sue the United States in
federal court for damages due to an arrest that took place in
Mexico. The suit was permitted to proceed even though the crime
-- the murder of an American federal agent -- was committed in
Mexico and the United States Supreme Court approved of the
subsequent criminal prosecution in federal court. Responding to
the argument by federal officials that the arrest was expressly
authorized by American law, the panel wrote: "[i]f this
assertion is an accurate statement of United States law, then it
reinforces the critics of American imperialism in the
international community."  Decisions abou