EXTRADITION AND TRANSNATIONAL DEFENSE NEWS: Extradition: Federal Court Judge in Pa.Dismisses Appeal re Peru

Sunday, October 25, 2009

Extradition: Federal Court Judge in Pa.Dismisses Appeal re Peru

Update: A federal judge has dismissed the habeas petition citing evidence, which supports probable cause. Philly.com

Update: Federal Court issues emergency stay while Petition for Habeas Relief is litigated.

Pennlive.com
Editor's Note: Because federal statutes do not provide for direct appeal of certification for extradition, an accused who seeks to prevent extradition must seek relief in the form of a writ of habeas corpus.
Previously Posted: Extradition has been certified in the case of an American charged with murder in Peru. July 15, 2009. Penn Live.com The defendant is alleged to have traveled to Peru, and after having killed his wife Jana Claudia Gomez, to have disposed of her body in a suitcase. The suitcase was later washed ashore. Peruvian authorities submitted emails between the defendant and a second woman, with whom the defendant was having a romantic relationship.

Extradition Law Basics for Criminal Defense Lawyers

Criminal defense attorneys will discover that extradition law issues have an increasing relevance to their practice. Not infrequently, foreign nationals who have criminal charges pending abroad are found and arrested in the United States for extradition. Similarly, a growing number of the foreign nationals who are being prosecuted in American courts have been brought to the United States through the extradition process.

Defending an Extradition from the United States (Part I).

Generally, in the absence of an extradition treaty, there is no duty to extradite. The extradition of an alleged criminal from within the United States to a foreign country is governed by the relevant extradition treaty, the procedures as set forth in 18 U.S.C. § 3181 et seq, and principles of customary international law. The extradition treaty, as a duly ratified treaty entered into by the United States, is federal law pursuant to U.S. CONST. art. VI. § 2. “Each extradition treaty between the United States and a foreign nation is sui generis, and as a contract between two sovereigns, sets forth its own law.” It is essential for counsel to have an accurate copy of the relevant extradition treaty, and any protocols that may have amended the original treaty or extradition convention. Each extradition treaty has been negotiated separately, some treaties are much older than others, and each treaty may be worded differently. For a list of all treaties in force, see http://www.state.gov/s/l/treaty/treaties

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Sunday, October 25, 2009

Extradition: Federal Court Judge in Pa.Dismisses Appeal re Peru

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