Criminal Defense of Immigrants

 
 

Chapter 14. Special Proceedings [Reserved]

 

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CRIM DEF - LONG ARM CRIMINAL JURISDICTION ASSERTED OVER FOREIGN NATIONAL COMMITTING OFFENSES ON FOREIGN VESSEL IN INTERNATIONAL WATERS
United States v. Shi, 525 F.3d 709 (9th Cir. Apr. 28, 2008) (foreign national who forcibly seizes control of a foreign vessel in international waters may be subject to the jurisdiction of the U.S. when such vessel is intercepted by federal authorities).

CRIM DEF - EXTRADITION - ITALY - SUFFICIENCY OF EVIDENCE
Haxhiaj v. Hackman, 528 F.3d 282 (4th Cir. Jun. 9, 2008) (evidence was sufficient to establish probably cause, and thus was sufficient so support extradition order to Italy, pursuant to 18 U.S.C. 3184 (2007)).

Second Circuit

CRIMINAL DEFENSE OF IMMIGRANTS - EXTRADITION
Sacirbey v. Guccione, 589 F.3d 52 (2d Cir. Dec. 9, 2009) (where a treaty authorizes the extradition of an individual who has been "charged" with a crime and requires that an arrest warrant and supporting materials be provided in order to obtain that extradition, but the relevant arrest warrant was issued by a court that neither has jurisdiction over the matter nor authority to enforce the warrant, the requirement of the treaty that an individual be "charged" with an extraditable offense has not been satisfied, so habeas corpus is granted, vacating the restrictions on the petitioner's liberty, and the court holds that he may not be extradited pursuant to any formal requests that have been made).
EXTRADITION
Arar v. Ashcroft, 532 F.3d 157 (2d Cir. Jun. 30, 2008) (no claim exists under the Torture Victim Protection Act or Fifth Amendment for dual Syrian/Canadian citizen who alleges mistreatment by the United States on the basis he was removed to Syria despite the U.S. having knowledge he would be tortured).

Fourth Circuit

CRIM DEF - EXTRADITION - ITALY - SUFFICIENCY OF EVIDENCE
Haxhiaj v. Hackman, 528 F.3d 282 (4th Cir. Jun. 9, 2008) (evidence was sufficient to establish probably cause, and thus was sufficient so support extradition order to Italy, pursuant to 18 U.S.C. 3184 (2007)).

Eighth Circuit

CRIM DEF - EXTRADITION
Ramanauskas v. United States, 526 F.3d 1111 (8th Cir. Jun. 2, 2008) (extradition to Lithuana to face drug charges not impermissible where United States Attorney General had agreed, in a plea agreement to a counterfeiting charge, not to bring charges based on the drug offenses in the United States; the plea agreement expressly stated that it did not apply to other proceedings, including extradition).

Ninth Circuit

CRIM DEF - EXTRADITION - FOREIGN COUNTRY AGREED TO THE OFFENSES
United States v. Iribe, 564 F.3d 1155 (9th Cir. May 6, 2009) (extradition agreement properly identified the crimes the United States intended to prosecute defendant for; doctrine of specialty was not violated).
CRIM DEF - EXTRADITION
McKnight v. Torres, 563 F.3d 890 (9th Cir. 2009) (unambiguous language of immunity agreement with the United States did not bar the government from sharing information learned from its interview with Petitioner with the French government).
CRIM DEF - EXTRADITION - STANDARD OF REVIEW
Choe v. Torres, 525 F.3d 733 (9th Cir. Apr. 29, 2008) (habeas corpus petition challenging extradition to the Republic of Korea affirmed as to charge that defendant bribed an officer, but reversed as to charge where there was no competent evidence to support a magistrate judge's finding of probable cause that defendant committed the particular acts "for which extradition [was] requested.").
CRIMINAL DEFENSE - SPECIAL PROCEEDINGS - EXTRADITION
Manta v. Chertoff, 518 F.3d 1134 (9th Cir. Mar. 11, 2008) (evidence of defendant's misconduct in Greece, alleged in support of request by the Greek government for her extradition from the United States, held sufficient to support inference of fraudulent intent, sufficient for conduct to be criminal under United States law and to satisfy "dual criminality" requirement of extradition treaty between United States and Greece).
CRIM DEF - EXTRADITION
Weilburg v. Shapiro, 488 F.3d 1202 (9th Cir. Jun. 1, 2007) (U.S. Supreme Court's ruling in Heck v. Humphrey, 512 U.S. 477 (1994), does not bar prospective plaintiffs, who have not otherwise successfully challenged their underlying convictions, from bringing section 1983 actions that are based upon a violation of extradition law).

Eleventh Circuit

CRIM DEF - EXTRADITION
Noriega v. Pastrana, 564 F.3d 1290 (11th Cir. Apr. 8, 2009) (Geneva Convention Relative to the Treatment of Prisoners of War, Aug. 12, 1949, 6 U.S.T. 3316, 75 U.N.T.S. 135 ("Third Geneva Convention" or "Convention"), does not foreclose the extradition of prisoners of war; 5 of the Military Commissions Act of 2006 ("MCA"), Pub.L. No. 109-366, 5(a), 120 Stat. 2600, 2631, note following 28 U.S.C. 2241 (2006), precludes Noriega from invoking the Geneva Convention as a source of rights in a habeas proceeding).

Other

CRIMINAL DEFENSE - OTHER PROCEEDINGS - EXTRADITION
L. Friedman Ramirez, Legal Challenges in Extradition Cases, in L. FRIEDMAN RAMIREZ, ED., CULTURAL ISSUES IN CRIMINAL DEFENSE 245 (2d ed. 2007).

 

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