Tsui

Frank Tsui asserts that the United States Parole Commission improperly ruled that his supervised release on his South Korean conviction and sentence would continue through the expiration of his 60-month sentence, to December 8, 2008. Because the Parole Commission’s ruling is not inconsistent with any plain language in the relevant treaty and statute, and is consistent with its regulation, we defer to the Parole Commission and affirm its determination of Tsui’s sentence.

A. Background

Frank Tsui, a naturalized U.S. citizen, was arrested on December 4, 2003, in Los Angeles and extradited to South Korea. On September 24, 2004, Tsui was convicted by a South Korean court of conspiracy to traffic in narcotics, sentenced to five years of imprisonment with labor, and imprisoned in the Daejon Prison in South Korea.

In December 2005, the United States approved a request by Tsui to be transferred to the United States to serve the balance of his sentence. South Korea approved Tsui’s request in November 2006, and Tsui eventually arrived in Los Angeles on April 18, 2007, and was detained.

South Korea and the United States are parties to the Council of Europe Convention on the Transfer of…