Legal Opinion · Dissent

Jose Munoz Santos v. Linda Thomas

Court of Appeals for the Ninth Circuit

Decided July 28, 2016No. 12-56506Published

1DissentCallahan, Circuit Judge

The question in this habeas case is straight-forward: Under the federal extradition statute, 18 U.S.C. §§ 3181-3195, and the terms of the extradition treaty between the United States (“Government”) and Mexico, did the extradition judge err in excluding evidence that contradicts the Mexican government’s evidence of probable cause to believe that Jose Luis Munoz Santos (“petitioner”), a fugitive of Mexico, is guilty of kidnapping in Mexico? The majority answers with a resounding “yes,” overturning more than a century’s worth of extradition jurisprudence. It first re*1036Views the extradition court’s…

2Cases cited48 opinions

  1. Munaf v. GerenSupreme Court of the United States · 2008
  2. Fernandez v. PhillipsSupreme Court of the United States · 1925
  3. Collins v. LoiselSupreme Court of the United States · 1922
  4. Charlton v. KellySupreme Court of the United States · 1913
  5. Collins v. MillerSupreme Court of the United States · 1920

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