In Re Solis
In Re the Extradition of Solis
Opinion
Opinion
Lum, J.
ORDER CERTIFYING EXTRADITABILITY
Extradition proceedings having been brought in relation to the' fugitive, Jorge Salazar Solis aka “El Gordo” (“Salazar”), by Complainant United States of America, pursuant to 18 U.S.C. § 3184 and the Extradition Treaty in force between the United States and Mexico (“the Extradition Treaty”), and the undersigned judicial officer having considered the arguments presented by the parties in their papers and at the extradition hearing held January 28, 2005, during which no testimony was offered,
IT IS HEREBY FOUND AND HELD as follows:
(1) The undersigned judicial officer has jurisdiction to conduct extradition proceedings. See 18 U.S.C. § 3184 ; Local Rule 72-1; Extradition of Mainero, 990 F.Supp. 1208, 1216 (S.D.Cal.1997).
(2) The undersigned judicial officer has jurisdiction over Salazar because Salazar is presently in .custody in this district. See 18 U.S.C. § 3184 ; Extradition of Mainero, 990 F.Supp. at 1216 .
Jurisdiction is not defeated by the claim of Salazar that his arrest was illegal because it occurred before the issuance of an arrest warrant in the United States or Mexico. “The ‘body’ or identity of a defendant or respondent in a…