United States v. Humberto Alvarez-Machain

ORDER

This case is before us on remand from the United States Supreme Court. United States v. Alvarez-Machain, — U.S.—, 112 S.Ct. 2188 , 119 L.Ed.2d 441 (1992). Ap-pellee Humberto Alvarez-Machain has moved for permission to file a supplemental brief and for oral argument on issues not addressed in this court’s original opinion. United States v. Alvarez-Machain, 946 F.2d 1466 (9th Cir. 1991).

The principal such issue is whether customary international law alone, absent reliance on a formal treaty, may justify the district court’s order that Alvarez-Machain be repatriated to Mexico. We have carefully reviewed the Supreme Court’s opinion and the district court’s findings. If the Supreme Court’s opinion does not preclude us from applying general principles of international law in support of the district court’s repatriation order, then the district court’s findings and conclusions do preclude that result. To the extent that customary international law may arguably provide a basis for an exception to the Ker-Frisbie Doctrine, the exception has been recognized only in a situation in which the government’s conduct was outrageous. See United States v. Reed, 639 F.2d 896, 901 (2d Cir.…