Jaime J. Merino v. Theodore Hocke, U.S. Commissioner, and the United States of America

Before us is an appeal from an order of the United States District Court denying an application for writ of mandamus and, in the alternative, a motion for an order directing the United States Commissioner to make an order authorizing the taking of depositions by appellant of certain persons residing in the Republic of Mexico for introduction in evidence in an extradition proceeding then pending before the Commissioner.

The jurisdiction of the United States Commissioner Hocke to hear extradition matters is based on said Commissioner’s Order of Appointment, dated February 28, 1959. The jurisdiction of the District Court and said United States Commissioner was based upon Section 3184 of Title 18 U.S.C., and the extradition treaty existing between the United States of America and the Republic of Mexico, ratification exchanged April 22, 1899, proclaimed April 24, 1899, as amended, 31 Stat. 1818 . This court has jurisdiction to entertain this appeal and to review the order in question under the provisions of Sections 1291 and 1294, Title 28 U.S.C.

The extradition complaint filed February 1, 1960, as amended April 12, 1960, charges in essence that appellant is duly and legally charged…