Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. In re Sindona,450 F. Supp. Discovery is not available in extradition proceedings. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. 1997). Background. You can explore additional available newsletters here. The Ninth Circuit has labeled the above statement from Gallina as speculation. Cruz declared that in April 1996, he received a message from Martinez instructing him to meet at the Glorieta del Angel at 6:00 p.m. At that location, Cruz met with Valdez, Martinez and Contreras. You're all set! El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . Respondent's roles and activities in these regards is specifically referenced. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. In the statement to the judge, with the assistance of counsel, Cruz was asked by the Court if he desired to make a statement concerning the facts that are attributed to him in the subject statement. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. This element was not challenged by the Respondent. 44). 956 (1922). LOS NARCOJUNIORS. [2] An analysis under Parretti v. United States, 112 F.3d 1363 (9th Cir.1997) decided May 6, 1997 and amended August 29, 1997, well after the issuance of the provisional arrest warrant in this case, is unnecessary given the timely filing of the certified documents. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. No mention of torture or physical abuse is made. 1989), cert. 830 (1911). Mexican prosecutors persuade California courts to send Alfredo Hodoyan Palacios and Emilio Valdez Mainero, alleged paid killers for a vicious drug ring based in Tijuana, back to Mexico to face . 3184, et seq., the United States issued a provisional arrest warrant for the Respondent, signed by Magistrate Judge Anthony J. Battaglia on September 30, 1996. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. 44). The certified documents submitted by Mexico, including the statements of Cruz, Miranda, Soto, Vasquez and Alejandro are admitted into evidence in accordance with Article 10(6) of the subject Treaty and 18 U.S.C. Based on case authorities Respondent's Motion in this regard is denied. Background. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". Emilio Valdez passed away Saturday, August 31, 2019. 534 (1902). Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. Fausto Soto Miller presented Hodoyan was taken into custody for carrying an AK-47 and some marijuana. Case Number: 97CR2149 JM (S.D. Defense counsel was provided for Mr. Cruz. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. emilio valdez mainero. California. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. The physical description of Emilio Valdez Mainero, "El C.P." or "Cabeza de Perro," is the following: 30 years old, 1.77 or 1.76 meters, heavy build, white skin, short straight hair which . The court, for reasons explained below, grants the petition, finding the detainee extraditable. Pursuant to an extradition treaty between Mexico and the United States, Treaty 31 UST 5059, TIAS 9656 ("Treaty"), and under federal laws supplementing and implementing such treaties, 18 U.S.C. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. Those issues will ultimately be resolved by the trial court, along with the sufficiency of the evidence regarding guilt. The interests of Mexico were represented by the United States through the United States Department of Justice, by United States Attorney Alan D. Bersin and Assistant United States Attorney Gonzalo P. Curiel. In contesting the accuracy of the statement of the federal prosecutor, he "rejects" the alias described to him, the reported rank in the infantry, and claims that he does not belong to the Presidential General staff but to the Presidential Guards Corps. 13, 22 (D.Mass.1989). Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. The Secretary of State makes the ultimate decision on whether to surrender the Respondent. Opinion for Matter of Extradition of Mainero, 950 F. Supp. No case authority is offered in this regard. Fue en una de las celebraciones que conocieron a Emilio Valdez Mainero, el hijo de un coronel que en su momento fue miembro de los guardias presidenciales. Tambin se encontraban en este grupo Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. *291 Michael Pancer, Law Office of Michael Pancer, San Diego, CA, for Emilio Valdez Mainero. Cruz also said he transported weapons used in Ibarras slaying. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. 777 (N.D.Cal.1985). "The rationale is that such matters are to be determined solely by the executive branch." [17] Article 9(1) provides in pertinent part, "the executive authority of the requested party shall have the power to deliver them up if, in its discretion, it is deemed proper to do so". Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. No precise authority is offered in regard to this premise. [31] See discussion at page 1213, line ___, et seq. 577 (1901). Respondent also asserts that not only have the governing administrations changed in Mexico and the United States since the 1978 signing of the Treaty, but the purpose and intent of the parties is materially different from what it was at the time the Treaty was signed. These statements do not add a great deal to Mexico's case regarding this Respondent. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. (3) Fausto Soto Miller. As to item 7, the sufficiency of the evidence, Respondent contends that the probable cause element has not been met and, therefore, there is no justification for his apprehension and commitment for extradition to Mexico. La pequea y poco conocida . 956 (1922), In re Locatelli,468 F. Supp. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. This is part of the framework created by case law in these proceedings. Finally, the United States submits evidence in the form of statements attributed to Respondent related to the disappearance and murder of Alejandro by the AFO and the organizations efforts to effect a recantation of Alejandro's November 30, 1996 deposition. Informacin de El Universal. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. Additionally, it is not the business of the United States Courts to assume responsibility for supervising the integrity of a judicial system of another sovereign nation; such an assumption would directly conflict with the principal of comity on which extradition is based. narcoseries Netflix. [37] Respondent criticizes Mexico for not filing this set of documents. The Department of States's opinion is entitled to deference. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. Augustin also indicates that Alejandro told him that the Mexican officers intended to torture and kill Alfredo Hodoyan Palacios should he be extradited to Mexico. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. While the motion was denied, the Court did find good cause to order the production of further evidence described by the United States in its responsive papers as becoming available since the June 30, 1997 extradition hearing. 834 F.2d 1444, 1453. The statement is a summary of what Alejandro described to his family and includes information related to meeting General Gutierrez Rebollo as well as contact with DEA and FBI agents who pressured him to sign a confession in exchange for removal from Mexico and protection thereafter. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . Specifically, Respondent submits that the Treaty is invalid because the use of torture in Mexico in obtaining evidence, including the evidence in this matter, is contrary to the law of the United States. Emilio Ricardo Valds Mainero, (a) "Len" o "Ricardo Gonzlez Len", detenido el 30 de septiembre de 1996, en San Diego, California, por posesin ilegal de armas y de estupefacientes. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. Mr. Soto also provides a physical description of Respondent. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. at 952. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . BATTAGLIA, United States Magistrate Judge. While obviously nervous as he recounts the AFO's activities, there are no signs of physical abuse or manifestations consistent with psychological pressure or duress. (7) Evidence which, in accordance with the laws of the requested party, would justify the apprehension and commitment for the trial of the person sought if the offense had been committed there, (i.e., probable cause). *1220 At approximately 9:30 p.m., Cruz, who was about twenty meters away from the entrance of the Holiday Inn heard several firearms shots. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. (5) The facts and the personal information of the person sought which will permit his identification and, where possible, information concerning his location; (6) A certified copy of the warrant of arrest issued by the judge or judicial officer [in Mexico]; and.