Reza Emami v. United States District Court for the Northern District of California, Federal Republic of Germany, Real Party in Interest

Dr. Reza Enami appeals from the denial of his petition for writ of habeas corpus. Emami’s habeas petition sought to invalidate the district court’s May 30,1986, finding that Emami was extraditable to the Federal Republic of Germany (Germany) for criminal insurance fraud offenses. We have jurisdiction under 28 U.S.C. § 2253 (1982).

On appeal, Emami has raised three serious contentions. He contends that the district court lacked jurisdiction to order his extradition for “detention for investigation” where the failure of West Germany to file a public charge against appellant indicates that there is no guarantee appellant will actually be tried. Emami also contends that his alleged acts do not constitute an extraditable offense. Finally, appellant contends that the documents used to demonstrate probable cause for believ ing that he committed the charged offenses were not competent evidence because they consist primarily of reports of unsworn hearsay statements.

BACKGROUND

Appellant Reza Emami is an Iranian citizen who operated a medical clinic in Boc-hum, Germany, from 1978 to 1985. Germany has charged that Emami defrauded the German public health insurance system and private…