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Case Citations [i] (Spring 2026)

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                           THE AMERICAN


                           LAW INSTITUTE



                                   Spring 2026 Citations



      THE FOREIGN RELATIONS LAW OF THE

   UNITED STATES 4TH: SELECTED TOPICS IN

   TREATIES, JURISDICTION, AND SOVEREIGN

                                  IMMUNITY



                     PART   III. STATUS OF TREATIES   IN U.S. LAW

§ 301. Treaties as Law of the United States

D.N.J.2025. Cit. in sup. Lawful permanent resident filed a habeas corpus petition after federal officials
detained and sought to remove him from the United States based in part on the Secretary of State's
determination under the Immigration and Nationality Act (INA) that his participation in antisemitic
protests in the United States compromised a compelling foreign policy interest, alleging that the INA
provision was unconstitutionally vague as applied to him in violation of the Due Process clause. This
court held that resident was likely to succeed on the merits of his claim, because the Secretary did not
determine that resident's conduct impacted U.S. relations with other countries and the provision did not
put ordinary people on notice that they could be removed from the country based on conduct that was
not linked to foreign policy. In support of its conclusion, the court noted that the Act's legislative history
indicated that the provision would likely be used where the underlying conduct took place abroad, such
when there would be a violation of a treaty to which the United States was a party, and that, according to
Restatement Fourth of the Foreign Relations Law of the United States: Selected Topics in Treaties,
Jurisdiction, and Sovereign Immunity § 301, treaties were overwhelmingly entered between the United
States and other countries. Khalil v. Trump, 784 F.Supp.3d 705, 744.

§ 310. Self-Executing and Non-Self-Executing Treaty Provisions

C.A.2, 2025. Com. (b) quot. in sup. As part of a wider dispute between insureds that sought to recover
for hurricane damage to their commercial properties in Louisiana and London-based surplus lines
insurers, the district court denied insurers' motion to compel arbitration pursuant to the policies under
Article II Section 3 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
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