Yordanov
Yordanov v. Milusnic
Opinion
Lead Opinion
Snyder, J.
ORDER
On January 18, 2017, Magistrate Judge Charles F. Eick entered an order certifying that Petitioner Lyubomir Mihailov Yordanov could be extradited to Bulgaria to face trial on charges of deceit. Case No. 2:16-cv-00170-CAS-E (Doc. 54) (hereinafter, “Extradition Order”). On March 14, 2017, Yordanov filed a petition for habeas relief under 28 U.S.C. § 2241 . Doc. 1. The next day, he filed an ex parte application to stay extradition proceedings pending resolution of the habeas petition, and a memorandum in support of the habeas petition. Docs. 3, 4. The Court granted Yor-danov’s petition to stay. Doc. 8. The government filed an opposition to Yordanov’s habeas petition (Doc. 6); Yordanov elected not to reply. For the reasons that follow, the Court denies the habeas petition and vacates the stay.
I. BACKGROUND
A. Governing Law
Upon the filing of a sworn complaint by a U.S. attorney, a magistrate judge may hold an extradition hearing with respect to any person within his jurisdiction who is charged by a foreign government of having committed a crime that is extraditable under a treaty or convention. 18 U.S.C. § 3184 ; see Santos v. Thomas, 830 F.3d 987, 991 (9th Cir. 2016). Such…