Mainero

Mainero v. Gregg

Bad Law
164 F.3d 1199·99 Daily Journal DAR 281·1999 U.S. App. LEXIS 142·99 Cal. Daily Op. Serv. 200
United States Court of Appeals for the Ninth CircuitJanuary 7, 1999Nos. 98-55067, 98-55069California6,139 words

Opinion

Lead Opinion

Rymer, J.

Emilio Valdez Mainero (Valdez) and Alfredo Hodoyan Palacios (Hodoyan) were certified as extraditable to Mexico on charges of murder and criminal association with the Ar-ellano Felix drug trafficking organization (AFO). 1 Since there is no right of appeal *1202 from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in the district court, 28 U.S.C. § 2241 , which the court denied. Valdez and Hodoyan seek reversal primarily on the ground that the magistrate judge should not have allowed into evidence statements allegedly extracted by torture. They also urge us to decline extradition on humanitarian grounds. While the magistrate judge, the district judge, and we are troubled by evidence suggesting that torture may have occurred, we agree with the district court that the competent evidence supports the magistrate judge’s finding of probable cause and that there is no basis for applying a humanitarian exception to extradition in this case. Therefore, as we have jurisdiction, 28 U.S.C. § 1291 and 28 U.S.C. § 2253 , we affirm.

I

Mexico sought extradition of Hodoyan based on two charges: (1) the first degree murders of Ernesto Ibarra Santes (Ibarra), who…

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