In a brief submitted to the Supreme Court, the Obama Administration said that if the execution were to proceed, the US would be placed in ''irreparable breach of its international law obligation'' under the Vienna Convention. The brief further stated that such a breach could jeopardize the lives of Americans who were being held outside the US.
Texas Governor Rick Perry also rejected the appeal following the denial of Leal's request for a reprieve from the Texas Board of Pardons and Paroles. Perry could have suspended the execution for 30 days but declined to do so, based largely on the viciousness of the crime against Sauceda, who was sexually assaulted and bludgeoned with a 35-40 pound rock.
Stephen Hoffman, an assistant attorney general for Texas called Leal's argument ''nothing but a transparent attempt to evade his impending punishment.'' Others argued that the Vienna Convention is not meant to provide protections for nationals like Leal, who had lived in the US since the age of two-years-old and should be familiar with the judicial system here.
''A technicality doesn't give anyone a right to come to this country and rape, torture, and murder anyone,'' said Sauceda's mother, Rachel Terry.