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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
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