Vo
Vo v. Benov
Opinion
Opinion
I. Background
A. The Extradition Process
An extradition court — in this case the magistrate judge — exercises very limited authority in the overall process of extradition. As we have explained, “[e]xtradition is a matter of foreign policy entirely within the discretion of the execu- tive branch, except to the extent that the statute interposes a judicial function.” Lopez-Smith v. Hood, 121 F.3d 1322, 1326 (9th Cir. 1997) (citing In re Metzger, 46 U.S. (5 How.) 176, 5514 VO v. BENOV 188 (1847)). Extradition from the United States is initiated when the nation seeking extradition makes a request directly to the State Department. Blaxland v. Commonwealth Dir. of Pub. Prosecutions, 323 F.3d 1198, 1207 (9th Cir. 2003). “After the request has been evaluated by the State Department to determine whether it is within the scope of the relevant extradition treaty, a United States Attorney . . . files a com- plaint in federal district court seeking an arrest warrant for the person sought to be extradited.” Id. Upon the filing of a com- plaint, a judicial officer (typically a magistrate judge) issues a warrant for an individual sought for extradition, provided…