Suwit Prasoprat v. Michael Benov, Warden

Good Law
421 F.3d 1009·2005 WL 2087569·2005 U.S. App. LEXIS 18838
United States Court of Appeals for the Ninth CircuitAugust 31, 200503-57253California2,964 words

Opinion

Opinion

Tashima, J.

Suwit Prasoprat, a United States citizen fighting extradition to Thailand, appeals an order of the district court denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 . Prasoprat contends that his due process rights were violated when the extradition court denied his motion seeking discovery of information related to the use of the death penalty in Thailand for drag offenses. He also contends that the extradition court should have denied his extradition on humanitarian grounds. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. ■ We affirm the district court.

Extradition from the United States is a diplomatic process that is initiated by a request from the nation seeking extradition directly to the Department of State. Blaxland v. Commonwealth Dir. of Pub. Prosecutions, 323 F.3d 1198 , 1207 (9th Cir.2003). “After the request has been evaluated by the State Department to determine whether it is within the scope of the relevant extradition treaty, a United States Attorney ... files a complaint in federal district court seeking an arrest warrant for the person sought to be extradited.” Id.

If, after a hearing regarding the evidence of criminality…

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