Chandru Mirchandani v. United States

Mirchandani appeals from the denial of his petition for habeas corpus in an extradition proceeding. He raises issues that require an understanding of the nature of extradition proceedings as well as of this record.

This is the second time that the district court has denied appellant’s petition for habeas corpus after he was ordered extradited in January 1986. After the first denial, he noticed an appeal to this court. We ordered a limited remand to permit the district court to address the Government’s post-judgment motion to reopen the proceedings in order to consider newly discovered evidence concerning discrepancies in an affidavit presented at the original extradition hearing. The district court then considered additional evidence and concluded that sufficient evidence supported extradition. This appeal followed.

Mirchandani contends that the district court exceeded the scope of the limited remand in a manner requiring us to order a writ of habeas corpus to issue. He also challenges the sufficiency of the evidence. Because we disagree with appellant’s strict constructionist view of remands in the extradition context, and because sufficient evidence supported the extradition…