Antonio Alvarado Valencia v. Lee Limbs, Jr., United States Marshal for the District of Arizona

Antonio Alvarado Valencia appeals the order of the district court denying his petition for habeas corpus relief in international extradition proceedings. After a hearing before a United States Magistrate, it was determined that sufficient evidence exists to extradite appellant to the Republic of Mexico on charges of murder and robbery. We affirm.

I

On December 10, 1979, at approximately 11:30 p. m., a guard was murdered at the jail located in the City Hall of Agua Prieta, Sonora, Mexico. Shortly thereafter, appellant and a companion were arrested in the neighboring border town of Douglas, Arizona. Both men were held in custody; photographs of each were taken and sent to Mexico where they were shown to witnesses at the Agua Prieta jail.

On December 19, 1979, the United States filed a complaint seeking appellant’s provisional arrest pending extradition. After an appearance before a United States Magistrate on December 20, an order for Valencia’s provisional arrest was entered.

On January 28, 1980, affidavits of the Agua Prieta jail warden, a guard and five inmates, provided by the Mexican authorities in support of the extradition proceeding, were filed with the Magistrate. These…