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. In Matter of Extradition of Lui Kin-Hong,939 F. Supp. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. 1462, 1464 (S.D.Tex. The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. The Court concludes that each of the crimes for which extradition is requested by Mexico are among those specified in the Treaty but that only Criminal Association and First Degree Murder are analogous to United States law. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. Nobody threatens my brother because the moron who does it, dies."[12]. It is further argued that there is a strong motivation on behalf of the Hodoyan family to help Respondent and this would give rise to questions with regard to the trustworthiness of the document. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. 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. Demandado: Emilio Ricardo Valdez Mainero. Equihua had been close to a witness in the drug-related cases of Alfredo Hodoyan and Emilio Valdez Mainero, which were due to be heard in San Diego courts. 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. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. This is part of the framework created by case law in these proceedings. [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. [23] Cruz made several statements relative to this matter. The court, for reasons explained below, grants the petition, finding the detainee extraditable. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. Under 18 U.S.C. Court documents say the threat against assistant U.S. Atty. Respondent does not dispute that the Treaty requirements have been met with regard to these items with three exceptions. Valdez moved the Court for release under the special circumstances doctrine. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. [22] The individuals related to this case are often referred to in the evidence by nicknames. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. 1971), cert. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. R.Crim.P. 23. En una de las fiestas conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando existan. 3184, et seq. [33] On June 19, 1997, Respondent filed a REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY requesting, among other things, that the Court "order the government to turn over any other relevant information which might help the detainee explain the `evidence' lodged against him" (Docket No. Alejandro's statements are based upon his personal knowledge due to his admitted involvement in the AFO and their activities. A concern over the authenticity of the evidence offered by way of the Ruiz declaration is also present. The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. Id. See footnote 25. (2) A Preparatory Statement of October 13, 1996, at 7:50 p.m. made before the First District Judge of Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. Quines son los narcojuniors en los que est basada la historia . "The rationale is that such matters are to be determined solely by the executive branch." Quinn v. Robinson, 783 F.2d 776, 789, 790 (9th Cir.1986). The notes are identified by Augustin Hodoyan, Alejandro's brother. The videotapes clearly demonstrate Alejandro's demeanor. There is nothing to confirm, corroborate or verify that the facts in the statement are in fact the testimony of Sergeant Ruiz, and based upon personal knowledge. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. The government's request for the stay was denied sustaining Respondent's objection and request to proceed. 000012 dated January 3, *1213 1997. 1992); Fed.R.Evid. (5) Gilberto Vasquez Culebro. Evidence that conflicts with that submitted on behalf of the demanding party is not permitted, nor is impeachment of the credibility of the demanding country's witnesses. Miranda also identifies Respondent as the person depicted in various photographs reference as numbers 53, 54, 55, 73 and 74. An extradition hearing is not a criminal proceeding and the person whose return is sought is not entitled to the rights available in a criminal trial at common law. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; Emilio Valdez passed away Saturday, August 31, 2019. Respondent's request for discovery is denied. According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista. The court, for reasons explained below, grants the petition, finding the detainee extraditable. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." 1989), cert. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. In Matter of Extradition of Pazienza,619 F. Supp. The Court is not required to decide guilt or innocence, but only determines whether there is competent legal evidence to justify holding the accused for trial in the charging country. November 4, 1997. Background. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". The extradition request and supporting documents are admitted into evidence during the hearing and the post hearing submissions are properly authenticated or otherwise admissible within the discretion of the Court. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. *1226 In the final analysis, the Ruiz declaration is inadmissible given the lack of authenticity, certification or reliability and does little to support the recantations of Soto and Cruz. 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. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). [48] Authority for this proposition is gathered from dicta in some case law in that there is no direct authority for this proposition. The Courts have chosen to defer questions regarding the procedures or treatment that might await an individual on extradition to the executive branch because of its exclusive power to conduct foreign affairs. It is asserted that the videotapes demonstrate Alejandro's demeanor and rebut the assertion that Alejandro testified as a result of any torture or duress. The others drove in a white Volkswagen. A certified copy of the extradition Treaty between the United States of America and Mexico of May 4, 1978 *1217 (TIAS 9656) was submitted by the United States in support of its position that the Treaty is presently in full force and effect. 54(b) (5). Magistrate No. Otros de los jvenes reclutados tambin fueron personificados en Narcos Mxico 3, por ejemplo Emilio Valdez Mainero, hijo de un guardia presidencial, quien conoci a Ramn Arellano en una . A review of the evidence submitted in support of those charges meets the requirements regarding identity and probable cause sufficient to fulfill the fifth extradition requirement. Cruz declared that the group told him of multiple murders that they, including Valdez, had committed because the "boss was angry", referring to Ramon Arellano Felix. Each "recantation" is essentially a denial of the former statement(s) in their entirety and an allegation of torture and abuse at the hands of the Mexican authorities. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. Martinez told Cruz that he would receive some money if Cruz would hold the 38 Super and the 9mm guns that they had used to kill Gallardo and Sanchez. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. In re Petition of France for Extradition of Sauvage,819 F. Supp. 25. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. His body was found in Osmun Lake in Pontiac on June 7, 2018 but no arrests were made until April 8 of this year. Emilio Valdez Mainero seemed an appropriately upper-tier husband, but he too allegedly found employment in the Arellano Felix organization, recruiting 'young assassins who belong to Tijuana's . Based on the above evidence, this Court finds that there is probable cause to believe that Valdez committed the crime of criminal conspiracy as alleged in the extradition request. Chapo Guzman gave marijuana to Gallardo so that he could move it into the United States, but afterwards, Chapo Guzman sent the Federal Police after him. E. Alejandro Enrique Hodoyan Palacios On November 30, 1996, Alejandro Enrique Hodoyan Palacios (hereinafter "Alejandro") gave a deposition at the office of the Attorney General of the United States of Mexico. 2d 208. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. For the reasons set forth in the Memorandum Decision Denying Bail (see footnote 1), the Court finds that the offense of carrying a firearm exclusive to the Army, Navy and Air Force lacks dual criminality and petitioner fails in its burden regarding extradition on that matter.[18]. There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. Appellant asked the Court of Appeals to stop his extradition because he had been convicted in absentia in Italy and, therefore, would be imprisoned without trial, be unable to confront his accusers and would not be able to conduct a defense. (2) Gustavo Miranda Santacruz. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 896 (S.D.Cal.1993). October 21, 1996. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". 1103. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. 28). 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. [18] In the original request, Mexico sought extradition on the firearm offense related to events and circumstances alleged to have occurred on April 13, 1994. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States. 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. Through observation and discussion, he became privy to the knowledge set forth. Appellant appealed the habeas corpus denial to the Second Circuit. 1983). Since the evidence was undisputed it is not detailed extensively herein. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix The Miranda statement provides competent evidence to support a finding of probable cause that Valdez was involved in the Gallardo and Sanchez murders of April 9, 1996. In re Petition of France for Extradition of Sauvage,819 F. Supp. Cal. Mexico takes issue with the March 3, 1997 declaration, noting that it was not signed by the declarant, nor is part of an official proceeding or under penalty of perjury. United States District Court, S.D. 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. Id. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. The proper authority for the political decision here is, of course, the Secretary of State. In Quinn v. Robinson, 783 F.2d 776, 815 (9th Cir.1986), the Ninth Circuit reaffirmed that hearsay evidence that would be inadmissible for other purposes is admissible in extradition hearings. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition. (4) Alejandro Enrique Hodoyan Palacios In his November 30, 1996 deposition, Alejandro not only discussed the murder of Gallardo and Sanchez, but he also discussed other criminal activity involving the AFO and including the activities of Respondent Valdez. Emilio Valdez Mainero (Valdez) and Alfredo Hodoyan Palacios (Hodoyan) were certified as extraditable to Mexico on charges of murder and criminal association with the Arellano Felix drug trafficking organization (AFO). EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent")[1] is accused by Mexico of having been involved with or committing various crimes in violation of Mexican laws. After receipt of the diplomatic note, Respondent was then held under the formal request for extradition and not the provisional arrest which had initiated the case. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. The essential question is whether the indicia of reliability is on the recantation or the initial statement. Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. The court has jurisdiction over the Respondents if they are before the court. 14 days: a timeline article, differentiate deferred annuity and period of deferral, what happened to lincoln journal star mugshots,
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