Lucas

MEMORANDUM **

Benito Celaya Lucas appeals the district court’s denial of his 28 U.S.C. § 2241 habe *781 as petition, in which Lucas challenges the magistrate judge’s holding that he is extraditable pursuant to the extradition treaty between the United States and Mexico. The magistrate judge concluded that Lucas is extraditable because there is probable cause to believe that Lucas shot and killed his wife in Mexicali, Mexico before fleeing to the United States.

The magistrate judge based his probable cause finding on: (1) a report that witnesses saw Lucas at the site of the crime; (2) a report that, prior to the crime, a witness found Lucas in possession of a firearm that was of the same caliber as the firearm used in the crime; and (3) Lucas’s confession that he killed his wife made to Calexico police officers when they interrogated him in his home.

Lucas makes several arguments in his habeas petition, all of which hinge on the allegedly unconstitutional conduct of the Calexico police officers who elicited the incriminating statements from Lucas. Lucas can establish a constitutional violation by showing either that his in-home confession was made in response to custodial…