Legal Opinion
Diaz v. United States
Court of Appeals for the Second Circuit
Decided February 26, 2008No. Docket 06-5301-cvPublishedCited by 39 opinions
1Opinion of the Court
DENNIS JACOBS, Chief Judge:
Fernando Hernandez Diaz seeks the return of $91,743 in cash that was seized from him when he was arrested for failing to declare he was transporting more than $10,000 in United States currency out of the country (in violation of 31 U.S.C. §§ 5316(a) and 5322). Diaz appeals from a judgment of the United States District Court for the Eastern District of New York (Ross, J.), dismissing his claim on the ground that the notice of forfeiture satisfied due process. We affirm on a different ground: subject matter jurisdiction is lacking because sovereign immunity bars a…
2Cases cited20 opinions
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- United States v. MitchellSupreme Court of the United States · 1983
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- Bowen v. MassachusettsSupreme Court of the United States · 1988
- Burgos v. HopkinsCourt of Appeals for the Second Circuit · 1994
15 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- COUNTY OF SUFFOLK, NY v. SebeliusCourt of Appeals for the Second Circuit · 2010
- Dzwonczyk v. Syracuse City Police DepartmentDistrict Court, N.D. New York · 2008
- Aryai v. Forfeiture Support Associates, LLCDistrict Court, S.D. New York · 2012
- Modoc Lassen Indian Housing Authority v. United States Department of Housing & Urban DevelopmentCourt of Appeals for the Tenth Circuit · 2017
- Modoc Lassen Indian Housing Authority v. United States Department of Housing & Urban DevelopmentCourt of Appeals for the Tenth Circuit · 2017
34 more not listed; retrieve them via the Exa API.