Venckiene v. U.S.

Dist. Ct. did not abuse its discretion in plaintiff’s motion to stay her extradition to Lithuania to stand trial on four charges arising out of plaintiff’s custody battle over her niece, after Magistrate Judge had initially certified plaintiff as extraditable, Secretary of State had granted Lithuania’s extradition request, and plaintiff had filed habeas petition challenging Magistrate’s and Secretary of State’s orders. Dist. Ct. could properly find that plaintiff was unlikely to prevail on her challenge to Magistrate Judge’s certification order where: (1) plaintiff failed to show that her custody-related charges amounted to “relative political offenses;” and (2) Magistrate Judge could properly find that said charges were supported by probable cause based on multiple statement of witnesses who observed plaintiff’s conduct while authorities were attempting to obtain custody of plaintiff’s niece. Fact that plaintiff presented video that partially recorded custody incident did not require different result. Ct. also rejected plaintiff’s claims that: (1) Secretary of State violated her constitutional right to hearing before Secretary prior to Secretary’s grant of extradition, or that she would face atrocious procedures and punishments if forced to stand trial in Lithuania; and (2) stay was warranted due to pendency of legislation that would have excluded her from scope of relevant extradition treaty.