Jose Santos v. Linda Thomas

Jose Munoz Santos (“Munoz”) appeals the district court’s denial of habeas relief from a magistrate judge’s order certifying his extradition to Mexico on kidnapping charges. He argues that the magistrate judge erroneously excluded evidence that two witnesses, who had provided key incul-patory statements, later recanted and stated that their statements were obtained by torture. We find no error. The evidence of torture was, as Munoz concedes, inextricably intertwined with the witnesses’ recantations. As a result, considering the witnesses’ claims of torture would have required the magistrate judge, serving as the extradition court, to weigh conflicting evidence and make credibility determinations. Under these circumstances, the extradition court properly excluded this evidence. We affirm.

BACKGROUND

A. Evidence Supporting the Extradition Certification

In support of its extradition request, the government of Mexico provided statements from five witnesses implicating Munoz in the alleged kidnapping for ransom of Dig-nora Hermosillo Garcia (“Hermosillo”) and her two children. According to Hermosillo, she and her two young daughters were abducted from their home in the…