Bennett v. Islamic Republic of Iran

618 F.3d 19, 393 U.S. App. D.C. 49, 2010 U.S. App. LEXIS 18958, 2010 WL 3515811
CourtCourt of Appeals for the D.C. Circuit
DecidedSeptember 10, 2010
Docket09-5147
StatusPublished
Cited by18 cases

This text of 618 F.3d 19 (Bennett v. Islamic Republic of Iran) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bennett v. Islamic Republic of Iran, 618 F.3d 19, 393 U.S. App. D.C. 49, 2010 U.S. App. LEXIS 18958, 2010 WL 3515811 (D.C. Cir. 2010).

Opinions

Opinion for the Court filed by Circuit Judge GRIFFITH.

Opinion concurring in the judgment filed by Circuit Judge GARLAND.

GRIFFITH, Circuit Judge:

To satisfy a default judgment against the Islamic Republic of Iran and the Iranian Ministry of Information and Security, Michael and Linda Bennett obtained writs of attachment against five of Iran’s former diplomatic properties located in the District of Columbia. The United States moved to quash the writs on the ground that section 201 of the Terrorism Risk Insurance Act precluded the attachments. The district court granted the government’s motion, and we affirm.

I.

The Bennetts’ daughter, Marla Ann, was a student at Hebrew University in Jerusalem when a bombing at the school took her life. Hamas claimed responsibility for the murder. The Bennetts sued in the district court alleging that Iran’s support for Ha-mas played a part in the bombing that [21]*21killed their daughter. The Bennetts won a default judgment against Iran in excess of $12 million. Bennett v. Islamic Republic of Iran, 507 F.Supp.2d 117 (D.D.C.2007).

To satisfy the judgment, the Bennetts obtained writs of attachment against Iran’s former embassy, ambassador’s residence, and another diplomatic residence, as well as two parking lots. The United States has been the custodian of these properties since April 7, 1980, when it cut diplomatic ties with Iran in response to the take-over of the American Embassy in Tehran. See U.S. Dep’t of State Office of the Legal Adviser, Digest of United States Practice in International Law 1980, at 40-41, 333-34; see also Exec. Order No. 12,170, 3 C.F.R. 457 (1980) (freezing Iranian assets in the United States). The United States has held Iran’s diplomatic and consular properties for the past thirty years pursuant to Article 45 of the Vienna Convention on Diplomatic Relations, Apr. 18, 1961, 23 U.S.T. 3227, 500 U.N.T.S. 95, which requires signatory states to “respect and protect” the premises and property of a mission if diplomatic relations are severed or a mission is recalled, and the Foreign Missions Act, 22 U.S.C. § 4305(c)(1) (2006), which authorizes the Secretary of State to “protect and preserve” the property of a foreign mission that has ceased conducting diplomatic activities in the United States.

The United States appeared in the post-judgment proceeding and moved to quash the writs on the ground that the properties were not subject to attachment. The district court granted the government’s motion. Bennett v. Islamic Republic of Iran, 604 F.Supp.2d 152 (D.D.C.2009). The Bennetts appealed, and we have jurisdiction pursuant to 28 U.S.C. § 1291. Whether the properties are subject to attachment is a question of law that we review de novo. See Price v. Socialist People’s Libyan Arab Jamahiriya, 389 F.3d 192, 197 (D.C.Cir.2004).

II.

Diplomatic properties are generally immune from attachment. See 28 U.S.C. §§ 1609-1610. The Terrorism Risk Insurance Act (TRIA) carves out an exception to this general rule, authorizing the attachment of “blocked assets” of state sponsors of terrorism to satisfy judgments for compensatory damages for acts of terrorism. Pub.L. No. 107-297, § 201(a), 116 Stat. 2322, 2337 (2002) (codified at 28 U.S.C. § 1610 note). TRIA defines blocked assets as those “seized or frozen by the United States” for certain foreign policy purposes. See id. § 201(d)(2)(A). Blocked assets do not include, however, “property subject to the Vienna Convention on Diplomatic Relations”

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Bluebook (online)
618 F.3d 19, 393 U.S. App. D.C. 49, 2010 U.S. App. LEXIS 18958, 2010 WL 3515811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-islamic-republic-of-iran-cadc-2010.