Michael Wang v. Robert Masaitis, U.S. Marshal

Opinion by Judge HAWKINS; Dissent by Judge FERGUSON

MICHAEL DALY HAWKINS, Circuit Judge.

We must decide whether, under the Treaty Clause of the Constitution, the United States may enter into a “treaty” with a non-sovereign entity, such as Hong Kong. We conclude that such a treaty is constitutional, and therefore uphold the validity of the “Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders” (“Extradition Agreement”). We also hold that a magistrate judge has jurisdiction under the Federal Magistrates Act to…