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FSIA Dismissal of Political Persecution Claims
In a political persecution case, the United States Court of Appeals for the Fifth Circuit summarily affirmed the dismissal of the complaint in the matter Bacilio A. Amorrortu v. Republic of Peru, docket number 08-20565, on May 29, 2009. The court relied entirely on the reasons stated by the district court which based the dismissal on the lack of subject matter jurisdiction pursuant to Federal Rules of Civil Procedure 12(b)(1) and the immunity afforded foreign governments and their instrumentalities by the Foreign Sovereign Immunities Act, 28 USC §1605. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.
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