On September 30, 1996, the United States Attorney's Office for the Southern District of *292 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"). Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix [25] While there is no corroborating evidence outside of this declaration itself, that Mr. Curiel was in fact an agent of Mexico under the mutual legal assistance treaty, nor was a copy of that treaty provided, this evidence is received over respondents objection and pursuant to Article 10(6) of the Treaty and 18 U.S.C. In support of its extradition request on the charge of criminal conspiracy, Mexico has provided, among other things, the following sworn, certified and authenticated witness statements which detail Valdez' membership and participation in the Arellano Felix drug trafficking organization: (1) Gerardo Cruz Pacheco aka "Capitan". Respondent was identified in statements of alleged co-conspirators Fausto Soto Miller, aka "Joel Fierro," "El Chef" or "El Cocinero" (hereinafter "Soto");[22] Cruz; Gilberto Vasquez Culebro, aka "El Gorras" or "El Cachuchas" (hereinafter "Vasquez"); as well as witnesses, Alejandro Enrique Hodoyan Palacios, (hereinafter "Alejandro"); and, Gustavo Miranda Santacruz, (hereinafter "Miranda") with involvement in a host of criminal activities on behalf of the Arellano Felix organization and in particular with the shooting of Gallardo and Sanchez. 526/2019. According to testimony given to . For the reasons set forth in the Memorandum Decision Denying Bail (see footnote 1), the Court finds that the offense of carrying a firearm exclusive to the Army, Navy and Air Force lacks dual criminality and petitioner fails in its burden regarding extradition on that matter.[18]. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. Mexico also cites the medical examination of Soto following the September 27, 1996 statements concluding that there were no traces of any recent physical wounds. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. The evidence tying Valdez to the murder of Gallardo and Sanchez itself, given the numbers of other individuals involved, supports the criminal association charge. Emilio Ricardo Valds Mainero, (a) "Len" o "Ricardo Gonzlez Len", detenido el 30 de septiembre de 1996, en San Diego, California, por posesin ilegal de armas y de estupefacientes. Mr. Valdez was referred to as "El Cabezon", "C.P. "Narcos Mxico" temporada 3: las historias reales de los narcojuniors Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. 1462, 1464 (S.D.Tex.1992). The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. Support for the reliability of Soto's "recantation" (and by inference the other recantations) is offered by Respondent in an unsigned and uncertified declaration of First Seargent Vicente Ruiz Martinez, submitted on June 30, 1997 at the extradition hearing. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. Entre los jvenes reclutados por el narcotrfico mexicano se encentraban Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. 18 U.S.C. But federal prosecutors said that the information is valuable for this case and others, and that the mens credibility is proved by the way their stories fit together. The date of production for the photographic evidence was set for November 5, 1997[9] and later extended with properly authenticated and certified originals being filed on December 1, 1997. While 3188 requires the United States to deliver a person committed for extradition to a foreign government within two months, that provision has no application to the proceedings in this case, at this stage, as commitment does not occur prior to the certification of the Respondent's extraditability by the Court. 5.1 is denied. 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"). Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. The Ninth Circuit held that "[t]his contention lacks merit because under general extradition of the United States and under the provisions of Treaty, the hearsay statements Keller summarized in his affidavit are competent evidence." 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. They are under a compelled setting initiated by Mexican judicial authorities (as opposed to a self directed recantation by the declarants) and are no greater than a plea of not guilty when analyzed to similar proceedings under United States law. 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. Ante una posible enfermedad terminal, Benjamn Arellano Flix pretende obtener una liberacin humanitaria, y no pagar la pena de 25 aos de prisin en Estados Unidos. The others drove in a white Volkswagen. 3188 for a similar proposition. 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. The proper authority for the political decision here is, of course, the Secretary of State. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. [20] i.e. Equihua had been close to a witness in the drug-related cases of Alfredo Hodoyan and Emilio Valdez Mainero, which were due to be heard in San Diego courts. No. Treaties, by design, live well beyond the administration involved in their enactment. Discovery is not available in extradition proceedings. Mexico has filed the videotapes, the evidence concerning Respondent's statements regarding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 Declaration by Alejandro Hodoyan, as well as the statements by Alejandro to U.S. agents. The environment where the deposition was taken is not suggestive of any coercive circumstances. de Sicor 1 Acdo. [19]Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. 12). 1992); Fed.R.Evid. An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. Emilio Valdez passed away Saturday, August 31, 2019. The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. 50). Miranda's statement was given to an officer of this Court. 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. Tijuana drug cartel may have targeted Gonzalo Curiel Valdez then smiled and announced, "The Baby paid me off. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. 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]. The Ninth Circuit has labeled the above statement from Gallina as speculation. Most of the cocaine entering the United States comes from Mexico, and most of it passes through the Arellanos undisputed turf _ Baja California, according to the Drug Enforcement Administration. Collins v. Loisel,259 U.S. 309, 316, 42 S. Ct. 469, 66 L. Ed. Narcojuniors, la pandilla real de "nios ricos" que se involucr en el Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. I Background Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. According to the allegations, earlier on April 9, 1996, Valdez, Martinez, and Isaac Contreras Ayala, aka "Calaco", (hereinafter "Contreras") were awaiting the arrival of Gerardo Cruz Pacheco, aka "Capitan", (hereinafter "Cruz") at the Glorieta del Angel. The documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. 1280 (D.Mass.1997) but reversed on appeal. Negocia "El Caballo" inmunidad con EU - Periodico El Vigia Matter of Extradition of Mainero :: California Southern District Court
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