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United States Court of Appeals for the District of Columbia Circuit: Ignatiev v. United States*

Published online by Cambridge University Press:  27 February 2017

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 40 , Issue 4 , July 2001 , pp. 1020 - 1023
Copyright
Copyright © 2001

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Footnotes

*

238 F 3d 464 (2001).

References

1 28 U.S.C. §§ 1346(b), 2671 et seq.

2 See Mihaylov v. United States, 70 F. Supp. 2d 4,5 (D.D.C. 1999).

3 Vienna Convention on Diplomatic Relations, Apr. 18, 1961, 23 U.S.T. 3227, 500 U.N.T.S. 95 (Vienna Convention); Consular Convention Between the United States of America and the People's Republic of Bulgaria, Apr. 15, 1974, U.S.-Bulg., 26 U.S.T. 687 (Consular Convention).

4 The head of the Secret Service's Uniformed Division filed a declaration below asserting that the Division's mission-protection functions are generally discretionary. This declaration was not cited in the district court's decision and so was presumably not a factor in that decision. In any event, we do not think that such a declaration or affidavit is sufficient to justify dismissal under Rule 12(b)(l). Cf. Herbert v. Nat’l Acad. of Sciences, 974F.2d 192,198 (D.C. Cir. 1992).