[5] The ruling attracted a great deal of commentary[6] and Leal's case was supported by attorneys specializing in international law and several former United States diplomats.

[9] Citing Concerning Avena and Other Mexican Nationals, a decision by the International Court of Justice, Leal argued that his conviction was obtained in violation of the Vienna Convention on Consular Relations.

[4][10] Leal and the United States asked the Supreme Court to stay his execution so that Congress could consider legislation to implement the Avena decision.

[5][12] Thus the primary focus of Leal's Supreme Court appeal was a bill introduced by Senator Patrick Leahy that would enact the obligations of the Vienna Convention as law (henceforth referred to as Avena legislation).

Further, Breyer argued that under Federal Trade Commission v. Dean Foods Co., the Court could take action to preserve its future jurisdiction that would result upon Congress passing the Avena legislation.