In the Matter of the Extradition of Vargas

978 F. Supp. 2d 734, 2013 WL 5739198, 2013 U.S. Dist. LEXIS 153104
CourtDistrict Court, S.D. Texas
DecidedOctober 18, 2013
DocketMisc. Action No. L-13-213
StatusPublished
Cited by3 cases

This text of 978 F. Supp. 2d 734 (In the Matter of the Extradition of Vargas) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Matter of the Extradition of Vargas, 978 F. Supp. 2d 734, 2013 WL 5739198, 2013 U.S. Dist. LEXIS 153104 (S.D. Tex. 2013).

Opinion

MEMORANDUM & ORDER

J. SCOTT HACKER, United States Magistrate Judge.

Before the Court is the United States Government’s Extradition Request made on behalf of the Mexican Government, which seeks the extradition of LUIS CASTANEDA VARGAS (“Respondent”) for an alleged homicide committed in Mexico. For the reasons set forth below, the Court is of the opinion that the Extradition Request should be granted, and thus Respondent will be certified as extraditable.

I. Extradition Process

The process of extraditing a fugitive from the United States to Mexico is governed by the provisions of the federal extradition statute, 18 U.S.C. §§ 3181-3196, and the extradition treaty between the United States and Mexico (“the Treaty”). Pursuant to the Treaty, the United States and Mexico mutually agree to extradite fugitives who are charged with crimes in one country and subsequently found within the territory of the other. Extradition Treaty, U.S.-Mex., art. 1, May 4, 1978, 31 U.S.T. 5059. “It is well settled that the terms of an extradition treaty should be liberally construed so as to effect the intention of the parties to secure the open and reciprocal surrender of fugitives to be tried for extraditable offenses.” In re Extradition of Rodriguez Ortiz, 444 F.Supp.2d 876, 883 (N.D.Ill.2006) (citing [739]*739Factor v. Laubenheimer, 290 U.S. 276, 293-94, 54 S.Ct. 191, 78 L.Ed. 315 (1933)); see also United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984).

The foreign extradition process begins with the discovery of a foreign fugitive within the territory of the United States. Mexico may then request the provisional arrest of the fugitive, and the United States must comply with a valid request. Extradition Treaty, U.S.-Mex., art. 11, May 4, 1978, 31 U.S.T. 5059. To be valid, a request must contain a description of the person sought, a description of their alleged crimes, a declaration regarding the existence of a warrant for their arrest, and an undertaking to submit a formal request for extradition. Id. A judicial officer is authorized to issue a warrant for the arrest of any fugitive whose extradition is requested, upon a sworn complaint charging the fugitive with committing an extraditable offense. 18 U.S.C. § 3184. If a formal request for extradition and the supporting documents are not filed within sixty days of the apprehension of the fugitive, the provisional arrest must be terminated. Extradition Treaty, U.S.Mex., art. 11, May 4, 1978, 31 U.S.T. 5059. However, a termination of the provisional arrest will not prejudice the extradition once the required documents have been submitted. Id.

The second stage in the extradition process is the submission of a formal request for extradition. The formal request for extradition, along with the supplementary documents, must be submitted through diplomatic channels. Extradition Treaty, U.S.-Mex., art. 10, May 4, 1978, 31 U.S.T. 5059. Among the supplementary documents required for a fugitive not yet convicted in the foreign country are a certified copy of the warrant for the fugitive’s arrest issued by a judge of the requesting party, and “[ejvidence which, in accordance with the laws of the requested Party, would justify the apprehension and commitment for trial of the person sought if the offense had been committed there.” Id. Documentary evidence proffered by the Mexican government shall be admissible in evidence if it is properly authenticated and certified by the principal consular officer of the United States in Mexico. Id.; 18 18 U.S.C. § 3190.

The next stage is an extradition hearing, where the federal court must hear the evidence and determine whether it is “sufficient to sustain the charge under the provisions of the proper treaty or convention.” 18 U.S.C. § 3184. “Extradition shall be granted only if the evidence be found sufficient according to the laws of the requested Party ... to justify the committal for trial of the person sought if the offense of which he has been accused had been committed in that place.” Extradition Treaty, U.S.-Mex., art. 3, May 4, 1978, 31 U.S.T. 5059. As will be discussed more fully below, where extradition is sought from the United States, the evidence must support a finding of probable cause that the person committed the extraditable offense.

Finally, having determined that the evidence is sufficient to warrant extradition, the judge then certifies to the Secretary of State that the fugitive may be detained and surrendered to the requesting country and forwards to the Secretary all the evidence taken. 18 U.S.C. § 3184; Ntakirutimana v. Reno, 184 F.3d 419, 422 (5th Cir.1999). “The ultimate decision to extradite is a matter within the exclusive prerogative of the Executive in the exercise of its powers to conduct foreign affairs.” Escobedo v. United States, 623 F.2d 1098, 1105 (5th Cir.1980). Thus, the executive branch, through the Secretary of State, is the final arbiter of whether an [740]*740individual will be detained in the United States and delivered to the requesting country. See 18 U.S.C. § 3186; see also Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir.1971). If extradition is granted, surrender shall be made at such time and place as determined according to the laws of the requested country, the United States. Extradition Treaty, U.S.-Mex., art. 3, May 4, 1978, 31 U.S.T. 5059.

II. Background

A. Federal proceedings

On May 3, 2013, the Government initiated extradition proceedings against Respondent upon the filing of a “Complaint for Arrest for the Purpose of Extradition.” (Dkt. No. 2). According to the complaint, Mexico has invoked the Treaty and asks for Respondent’s provisional arrest. (Id. at ¶ 4). Respondent is wanted on a Mexican arrest warrant for the crime of homicide. (Id. at ¶ 5). More specifically, Respondent is accused of shooting and killing Daniel Rodriguez Ramos on a public street corner in Nuevo Laredo, Tamaulipas, Mexico. (Id. at ¶ 6).

An arrest warrant issued from this Court (Dkt. No. 3), and Respondent was arrested on May 7, 2013 in Laredo, Texas (Dkt. No. 5). At his initial appearance the following day, Respondent was appointed counsel and advised of his rights and the charges against him.1 (Dkt. No. 6). He was also ordered detained. (Id.).

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978 F. Supp. 2d 734, 2013 WL 5739198, 2013 U.S. Dist. LEXIS 153104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-extradition-of-vargas-txsd-2013.