Ramiro Cornejo-Barreto v. W.H. Siefert, Warden of the Metropolitan Detention Center

This appeal involves a request by Mexico for extradition of Ramiro Cornejo-Bar-reto, a Mexican citizen and lawful permanent resident of the United States, and the question whether the decision by the Secretary of State to surrender him is subject to judicial review.

Extradition is a two-part process. First, a federal judicial officer determines whether the crime is extraditable and whether there is probable cause to sustain the charge. If so, the fugitive is certified as extraditable to the Secretary of State. 18 U.S.C. § 3184 . This decision is subject to limited judicial review through habeas corpus. See Fernandez v. Phillips, 268 U.S. 311, 312 , 45 S.Ct. 541 , 69 L.Ed. 970 (1925) (holding that habeas corpus is available only to inquire whether the magistrate had jurisdiction, whether the offense charged is within the extradition treaty, and whether there was any evidence warranting the finding that there was reasonable ground to believe the accused guilty). In this case a magistrate judge determined that Cornejo-Barreto was extraditable, the district court denied habeas relief, and we affirmed in Cornejo-Barreto v. Seifert [sic], 218 F.3d 1004 (9th Cir.2000) (Corne jo-Barreto…