Miguel Salerno v. United States of America, United States Attorney General, and United States Marshal for the Eastern District of California

Miguel Salerno appeals from the denial of his petition for a writ of habeas corpus in which he challenges the magistrate’s order certifying him extraditable to Australia. On May 4, 1989, the district court denied Salerno’s motion for bail pending appeal. He now moves this court for bail pending appeal.

There is a presumption against bail in an extradition case and only “special circumstances” will justify bail. Wright v. Henkel, 190 U.S. 40, 63, 23 S.Ct. 781, 787, 47 L.Ed. 948 (1903); Hu Yau-Leung v. Soscia, 649 F.2d 914, 920 (2d Cir.), cert. denied, 454 U.S. 971, 102 S.Ct. 519, 70 L.Ed.2d 389…