In an unusual move, Solicitor General Donald Verrilli Jr. filed a brief with the Supreme Court on Friday asking for a delay in the scheduled July 7 execution in Texas of Mexican national Humberto Leal Garcia.

Allowing the execution to proceed, Verrilli told the Court, would place the United States in “irreparable breach” of its international treaty obligations to review Leal’s conviction. That review is required to determine if Leal’s case was prejudiced by the failure to inform him of his right to assistance from the Mexican consulate when arrested in 1994. Under the Vienna Convention on Consular Rights, ratified by the United States in 1969, foreign defendants are supposed to be told of their consular rights.

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