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Hmong 1, et al. v. Lao People's Democratic Republic, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-16828 · judgment January 14, 2019


Certiorari denied · June 17, 2019
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Petitioners Hmongs 1 – 5 attempted to bring this action under the Alien Tort Statute, 28 U.S.C. § 1350 (“ATS”), for atrocities allegedly committed by Defendants in Laos as part of a campaign to destroy the Hmong people to the root. The Ninth Circuit affirmed the District Court’s Judgment of Dismissal for lack of subject-matter jurisdiction. Two questions are presented: 1. Whether petitioners/survivors of the atrocities committed by the Laos communist government met their pleading burden under the Alien Tort Claims Act by alleging that the USA conducted a secret war in Laos; made a verbal request and agreement with the King of Laos to hire Hmong people in Laos to fight the secret war in Laos; made a solemn promise from USA President to King of Laos to protect the Hmong no matter who won or lost the war; brought over substantial stockpiles of highest grade (CIA grade) level guns, ammunition, air planes, barrels of poison; all of which was conducted planned out of CIA, Langley, Virginia as official acts of the US government, and then later brokered a peace treaty forced upon the Laos Royals that was immediately thereafter breached by the Laos Communist; resulting in the communist taking possession of all the US CIA weapons, and turning those very weapons into weapons of a genocide against the Hmong people of Laos.

Counsel of record

For petitioner
Herman A.D. Franck
Franck & Associates

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 17 2019
    Petition DENIED.
  2. May 28 2019
    DISTRIBUTED for Conference of 6/13/2019.
  3. Apr 15 2019
    Petition for a writ of certiorari filed. (Response due May 17, 2019)