Archive | extradition

Thursday, August 4th, 2022

Second Circuit: Application of an Extradition Treaty’s “Lapse of Time” Provision is a Discretionary Decision for the Secretary of State, and Not for the Court.

In Yoo v. United States, 21-2755(2d Cir. Aug. 1, 2022), the Circuit (Lynch, joined by Calabresi and Lohier) affirmed the denial of a petition for habeas corpus alleging that petitioner’s extradition to South Korea was time-barred, holding that the extradition treaty’s “Lapse of Time” provision was a discretionary provision for the executive authority and not a legal question for the court.

South Korea requested Yoo’s extradition pursuant to a treaty that provided, in relevant part, that “[e]xtradition may be denied” when prosecution of the offense “for which extradition is requested would have been barred because of the statute of limitations of the Requested State had the same offense been committed in the Requested State.” Yoo was found extraditable under the treaty and he filed a petition for habeas corpus, arguing that his extradition was time-barred under that provision. The court denied the petition, ruling that the determination whether the …

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Categories: extradition, statute of limitations

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Saturday, January 14th, 2012

Beware of Greeks Bearing Writs

Skaftouros v. United States, No. 11-0462-cv (2d Cir. December 20, 2011) (Cabranes, Hall, Lohier, CJJ)

Dimitrious Skaftouros is charged in Greece, his native country, with murdering a sixteen-year-old boy after a botched kidnapping. The crime took place in March of 1990; Skaftouros fled Greece that May, and ultimately ended up in the United States. He was arrested here in 2008, and the Greek government then sought his extradition to face the charge of “complicity in the murder of a minor.”

After unsuccessfully challenging his extradition in front of a magistrate judge, Skaftouros filed a habeas corpus petition under 28 U.S.C. § 2241. The district court granted the habeas petition, and also his “motion to dismiss” the extradition proceedings. It held that Skaftouros had not been “charged” with an offense under the extradition treaty with Greece because the warrant was invalid under Greek law and because the Greek statute of limitations …

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Categories: extradition, Uncategorized

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Sunday, September 23rd, 2007

The Thirty Years’ War

United States v. Cuevas, No. 06-0607-cr (2d Cir. August 23, 2007) (Cardamone, Straub, CJJ, Koeltl, DJ

In this case, the defendant Jose Cuevas, who was extradited to the United States from the Dominican Republic, argued, with out success, that a 30-year sentencing cap contained in the extradition decree should apply to him.

Cuevas was charged, in the late 1990’s, with drug trafficking and money laundering offenses. He was home in the Dominican Republic at the time and, not unwisely, decided to remain there.

Undeterred, the government initiated extradition proceedings. After much diplomatic back-and-forth, the D.R. handed Cuevas over to American authorities on July 6,2002. Two weeks later, the U.S. received a copy of the extradition decree itself, signed by the president of the D.R. which invoked a treaty requirement that a “no penalty greater than … thirty years shall be imposed.” Unimpressed with this, Judge Rakoff ultimately sentenced Cuevas to …

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Categories: Booker, equities, extradition, sentence, treaty, Uncategorized

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