In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. The complaint . Magistrate No. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). [21] This evidence is certified by the principle diplomatic or counsular officer of the United States in Mexico and is received into evidence pursuant Article 10(6) of the Treaty and 18 U.S.C. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. Background. Finally, Valdez offers that Cruz, Soto, Alejandro and Vasquez[32] were subjected to torture, *1222 and were under duress at the time of the "alleged" statements. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. This evidence is clearly contradictory and inadmissible under Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. Si te preguntas quines son en la vida real los llamados narcojuniors de Narcos Mxico, serie de Netflix, se trata de al menos tres de los jvenes de familias acomodadas en Tijuana, Baja California, que se involucraron en temas de drogas y en especial con el Crtel de los Arellano Flix.Entre ellos, El Kitty Arturo Everardo Pez y los hermanos Hodoyan. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. emilio valdez mainerospiral pattern printing in c. phillies front office salaries The holding in Gallina, however, offers no support for Valdez' claim. Informacin de El Universal. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. R.Crim.P. BATTAGLIA, United States Magistrate Judge. The Second Circuit affirmed the denial of the habeas corpus petition. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. Respondent's discovery request in this regard is denied. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. 1978). narcoseries Netflix. Barrett v. United States, 590 F.2d 624 (6th Cir. As a society we cannot suspend that concept by virtue of the interest of a foreign nation in the extradition of an United States citizen, the heinous nature of the offense notwithstanding. The United States has also offered statements from interviews between Alejandro and federal agents in February of 1997 which are asserted to corroborate Alejandro's knowledge of the AFO and his willingness to cooperate. 13, 22 (D.Mass.1989). An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. Twenty-eight days after he took office, Ibarra, along with two government agents and a taxi driver, was gunned down in a cab outside Mexico Citys airport. In Shapiro v. Ferrandina,355 F. Supp. Valdez _ the godfather of one of the Arellanos children _ was arrested in September in Coronado, Calif. An extradition hearing began Thursday for Valdez and another man. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. [15] The later supplementation of the record and the supplementation of Mexico's request for extradition, with additional charges, are not inconsistent with the Treaty or its provisions. The . Lastly, there is no authority that requires a magistrate judge to compel disclosure of explanatory information. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. 290 (S.D.Cal.1996). One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. Alfredo Miguel Hodoyn Palacios, (a) "Lobo" u "88" , fue detenido el 30 de septiembre de 1996, en San Diego California. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. On September 30, 1996, the United States Attorney's Office for the Southern District of California, acting on behalf of the Republic of Mexico, presented to the Honorable Anthony Battaglia, United States Magistrate Judge, a complaint and a formal extradition request for Emilio Valdez Mainero (hereinafter "Valdez" or "Extraditee"). The witnesses go on to attribute a number of other incidents based upon their personal knowledge occurring since 1994 which are competent for a finding of probable cause on this charge as well. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. Quines eran los narcojuniors reales de Tijuana? In the statement to the judge, with the assistance of counsel, Cruz was asked by the Court if he desired to make a statement concerning the facts that are attributed to him in the subject statement. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. 834 F.2d 1444, 1453. The statement is a summary of what Alejandro described to his family and includes information related to meeting General Gutierrez Rebollo as well as contact with DEA and FBI agents who pressured him to sign a confession in exchange for removal from Mexico and protection thereafter. Each "recantation" is essentially a denial of the former statement(s) in their entirety and an allegation of torture and abuse at the hands of the Mexican authorities. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. The Department of States's opinion is entitled to deference. It is also alleged that Respondent was in charge of cocaine and marijuana shipments for the AFO and as a leading member of the organization, was responsible for assigning code names to the other members. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. The 33-year-old Mexican . Appellant asked the Court of Appeals to stop his extradition because he had been convicted in absentia in Italy and, therefore, would be imprisoned without trial, be unable to confront his accusers and would not be able to conduct a defense. Citations Copy Citation. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. The magistrate judge need only determine whether there is competent evidence to justify holding the Respondent for trial, not whether the evidence is sufficient to justify conviction. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). B. Gustavo Miranda Santacruz On November 19, 1996, Gustavo Miranda Santacruz (hereinafter "Miranda") made a declaration before Assistant United States Attorney, Gonzalo P. Curiel, acting as Mexico's agent pursuant to a request under the mutual Legal Assistance Treaty that exists between Mexico and the United States. 534 (1902). Everardo Pez, also known as "El Kitty", was not a person of money, but under the tutelage of Ramn Arellano Flix, he dedicated himself, together with the narco juniors, to cross drugs into the United States without raising suspicions due to his economic status. "El Lobo" tambin fue capturado en los Estados Unidos junto con el tijuanense Emilio Valdez Mainero "El Radioloco", ambos extraditados a Mxico en enero de 1998 y tambin remitidos a Almoloya de Jurez. D. Gilberto Vasquez Culebro, aka "Cachuchas" On September 30, 1996, Gilberto Vasquez Culebro (hereinafter "Vasquez") gave a statement to Jose Luis Juarez Garcia, an agent of the Mexican federal public prosecutor in Mexico City, Mexico. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. January 1997: Hodin Gutierrez Rico, a . The power to make treaties is constitutionally invested in the executive branch of the United States government. The Republic of Mexico seeks to extradite Valdez to answer the following charges: (1) Carrying a firearm exclusive to the Army, Navy and Air Force on or about April 9, 1996 in violation of Article 83, Section II, in accordance with Article 11, Section (b), of the Federal Law of Mexico on Weapons and Explosives;[10]. [23] Cruz made several statements relative to this matter. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. [4] As presented, the documentary evidence in this regard appears to supplement, not supersede, the previous filings of certified documents in support of the request for extradition. The contours of the extradition proceeding were shaped by the Treaty and statute. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. (7) Evidence which, in accordance with the laws of the requested party, would justify the apprehension and commitment for the trial of the person sought if the offense had been committed there, (i.e., probable cause). Fabin Martnez remplaz en el cargo a Emilio Valdez Mainero, El CP, y adems compadre de Ramn Arellano Flix, luego que aqul fue arrestado en 1996 en San Diego, California, y condenado a 30 aos de prisin por delitos relacionados con trfico de cocana y herona hacia Estados Unidos. In the Matter of Extradition of Contreras,800 F. Supp. Hodoyan haba estudiado en una . The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. 44). [45] The physical injuries to Cruz are certainly suspicious in this regard. In Matter of Extradition of Pazienza,619 F. Supp. 442 (S.D.Cal.1990). The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States. Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. [20] i.e. Otros de los jvenes reclutados tambin fueron personificados en Narcos Mxico 3, por ejemplo Emilio Valdez Mainero, hijo de un guardia presidencial, quien conoci a Ramn Arellano en una . This assertion relates specifically to the supplemental filing of evidence regarding the first degree murder charge on January 14, 1997 and the weapons charge related to the events and circumstances of April 9, 1996. 3184, et seq., the United States issued a provisional arrest warrant for the Respondent, signed by Magistrate Judge Anthony J. Battaglia on September 30, 1996. Peryea v. United States,782 F. Supp. The United States has filed videotapes of Alejandro's November 30, 1996 deposition.