Tag Archives: Mexico

Case of the Day: In re Estate of Sucich

Paul Revere
Happy Patriot’s Day! Letters Blogatory wishes all of the runners in today’s marathon good luck.

The case of the day is In re Estate of Sucich (N.Y. Surr. Ct. 2015). Diana Sucich named her nephew, Nicholas Sucich, in her will, and he was therefore entitled to receive service of a citation in the probate case. However, according to the application of the nominated executor, Wolfson, Nicholas was “alleged to be a fugitive from justice and is believed to have resided in Mexico, under an assumed alias [“Nicolas Francisco”], for the past twenty years.” His sister, another named distributee under the will, had email addresses for him that appeared to work. Wolfson sought leave to serve the citation on Nicholas by email.
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Hague Service and Evidence Conventions: The US Central Authority’s Unusual Interpretation

A reader wrote in with the following case. He (a Mexican lawyer) asked PFI, the contractor that carries out the day-to-day work of the Department of Justice in its capacity as central authority for the United States under the Hague Service Convention, to serve a summons on a Mexican national in the United States. The summons would require the Mexican national to appear in court in Tijuana to be questioned about a promissory note he had signed. The Mexican proceeding was a “measure preliminary to a lawsuit,” apparently a proceeding in which the plaintiff gathers the evidence that he needs in order to file a lawsuit.
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Case of the Day: Garcia v. Kerry

The case of the day is Garcia v. Kerry (5th Cir. 2014). Ernesto Garcia applied to the State Department for a passport. He included with his application a Texas birth certificate purporting to show that he was born in Laredo, Texas. The State Department requested additional information, because, it said, The person who certified the brith, Emma Lopez, was “suspected of submitting false birth records.” (In fact, she pleaded guilty to falsifying a birth record a few years after Garcia’s birth). Garcia alleged that he never received the Department’s request for additional information. He sued for a declaratory judgment of citizenship by birth. The Department then denied his application, citing a Mexican birth certificate purporting to show that Garcia was born in Nuevo Laredo, Tamaulipas, Mexico.
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