Jhirad v. Ferrandina

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

This is the third petition for a writ of habeas corpus brought in this international extradition proceeding. See 355 F.Supp. 1155 (S.D.N.Y.1973) and 362 F.Supp. 1057 (S.D.N.Y.1973), rev’d & remanded, 486 F.2d 442 (2d Cir. 1973). The remand from the Court of Appeals was occasioned by a different definition of the term “fleeing from justice” than that applied by me, there being a conflict among the circuits on this point. See Donnell v. United States, 229 F.2d 560 (5th Cir. 1956); Brouse v. United States, 68 F.2d 294 (1st Cir. 1933) but see…