Ramirez

Ramirez v. Chertoff

Good Law
267 F. App'x 668
United States Court of Appeals for the Ninth CircuitFebruary 22, 2008No. 07-56084California1,018 words

Opinion

lead Opinion

MEMORANDUM *

Eufemia Alamo Ramirez appeals the denial of her petition for a writ of habeas corpus under 28 U.S.C. § 2241 . We have jurisdiction under 28 U.S.C. § 1291 and review the district court’s ruling de novo. Prasoprat v. Benov, 421 F.3d 1009, 1013 (9th Cir.2005). Because the district court did not err in declining to apply a judicial humanitarian exception to extradition, we affirm.

On November 23, 2005, the Mexican ambassador to the United States transmitted a request for Ramirez’s extradition to the Secretary of State. In response, the Government filed a complaint in the Southern District of California seeking a certificate of extraditability. After proceedings before a magistrate judge, the certificate was issued on October 24, 2006.

Ramirez challenged the extradition certification by filing a petition for habeas corpus under 28 U.S.C. § 2241 . See Cornejo-Barreto v. Seifert, 218 F.3d 1004, 1009 (9th Cir.2000) (“[A decision on extraditability] is not subject to direct appeal, but collateral review of the magistrate or judge’s order is available through habeas corpus review.”). The district court denied Ramirez’s petition, finding, inter alia, that Ramirez was not…

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