Woods

The United Mexican States and two of its officials appeal the district court’s dismissal of their action against Arizona’s Attorney General and two officers of the Arizona Department of Corrections. The district court held that it lacked jurisdiction under the Eleventh Amendment to the Constitution of the United States. We agree and affirm the dismissal.

BACKGROUND

Ramon Martinez-Villareal, a citizen of Mexico, was convicted of the capital murders of Jim McGrew and Fernando Estrada. His convictions and death sentences were upheld in 1985. State v. Martinez-Villareal, 145 Ariz. 441 , 702 P.2d 670 (1985). This court denied relief on the appeal of his federal habeas petition in 1996. Martinez-Villareal v. Lewis, 80 F.3d 1301 (9th Cir.), cert. denied, — U.S. -, 117 S.Ct. 588 , 136 L.Ed.2d 517 (1996).

Martinez-Villareal’s execution was scheduled for April 1997, and later postponed to May 22. On May 16, the United Mexican States, the Legal Adviser of the Secretary of Foreign Relations and the Consul General of the State of Mexico in the State of Arizona (collectively “Mexico”) filed suit in district court. It contended that the execution of *1222 Martinez-Villareal would violate…