Dist. Ct. did not err in denying defendant’s habeas petition seeking review of Magistrate Judge’s order certifying defendant for extradition to Mexico on murder charge. Mexico’s extradition request complied with Treaty’s requirements, including fact that evidence submitted by Mexico established probable cause that defendant was guilty of charged offense. Ct. rejected defendant’s arguments that: (1) Mexican arrest warrant was invalid, since defendant’s evidence on said issue was unreliable and since extradition proceeding is not appropriate vehicle to interpret Mexican law; (2) evidence lacked probable cause to believe he committed charged offense, since Mexico submitted statement from eye-witness asserting that defendant was culprit, and since Magistrate Judge properly ignored defendant’s claim that he would not receive fair trial in Mexico; and (3) it would violate his due process rights to extradite him prior to completing proceedings on his asylum application.
Federal 7th Circuit Court
Criminal Court
Extradition