Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. During the drive, Contreras told Cruz that, "his friends in the white Volkswagen wanted to say hello to a fellow citizen who was in Toluca to train for boxing." 30). The statement by Cruz to the federal prosecutor did indicate that Cruz had suffered recent physical injury. Another Mexican, questioned by prosecutors while in the intensive care unit of a San Diego hospital, said the hit on the 50-year-old Ibarra was planned carefully by Arellano organization members. [2] An analysis under Parretti v. United States, 112 F.3d 1363 (9th Cir.1997) decided May 6, 1997 and amended August 29, 1997, well after the issuance of the provisional arrest warrant in this case, is unnecessary given the timely filing of the certified documents. *1220 At approximately 9:30 p.m., Cruz, who was about twenty meters away from the entrance of the Holiday Inn heard several firearms shots. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. Ramn, "el Mon", organizaba las fiestas para localizar a sus objetivos y en una de ellas conocieron a Emilio Valdez Mainero, hijo de un coronel miembro de la Guardia Presidencial en la poca. Id. [43] The balance of the evidence, as noted, does not lead to the conclusion that Alejandro was under duress, nor, that the November 30, 1996 deposition is unreliable. D. Gilberto Vasquez Culebro, aka "Cachuchas" On September 30, 1996, Gilberto Vasquez Culebro (hereinafter "Vasquez") gave a statement to Jose Luis Juarez Garcia, an agent of the Mexican federal public prosecutor in Mexico City, Mexico. The indicia of reliability is in favor of the formal statements given to the Mexican authorities by Soto and Cruz and not their in court "recantations." The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. El recordado criminal perteneca a los Narcojuniors, una clula del crtel de Tijuana que sale a relucir en la nueva temporada de la serie de Netflix. Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. Matter of Extradition of Mainero, No. 96MG1798 (AJB). Soto's testimony is based upon his acquaintance with the individuals referenced in the statement, and his role as a cook residing at various times with these individuals. ("Cruz") In his October 12, 1996 statement, Cruz declared before an agent of the Mexican Federal Public Prosecutor that Valdez, Martinez and, Fabian Partiday, aka "Domingo," described to him crimes that they had committed, the firearms they used to commit the crimes, and the numerous cities in Mexico, in which they had committed crimes in furtherance of the goals of the AFO. 970 (1925); the probable cause is sustained if competent evidence to establish reasonable grounds is presented, not necessarily evidence competent to convict. There is no corroborating evidence regarding the source, however. Por Investigaciones ZETA. On the other hand, the formal statements of Soto and Cruz have significant detail concerning the personal background of the witnesses and the specifics of the offenses and related matters. Finally, he contests the date of arrest. 50). Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . The case against the implicated juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased army colonel from Tijuana who, his widow . The date of production for the photographic evidence was set for November 5, 1997[9] and later extended with properly authenticated and certified originals being filed on December 1, 1997. In September of 2002, a Judge of the Federal Penal Processes in Mexico State found El Lobo, La Piedra and El Capitan guilty, and sentenced them all to . These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. Appellant then filed a writ of habeas corpus with the district court. [31] See discussion at page 1213, line ___, et seq. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. While the motion was denied, the Court did find good cause to order the production of further evidence described by the United States in its responsive papers as becoming available since the June 30, 1997 extradition hearing. By Molly Moore. These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. Print material from AMNESTY INTERNATIONAL has also been filed. "Lobo" Hodoyn obtiene libertad - Semanario ZETA [37] Respondent criticizes Mexico for not filing this set of documents. Finally, Valdez offers that Cruz, Soto, Alejandro and Vasquez[32] were subjected to torture, *1222 and were under duress at the time of the "alleged" statements. The interests of Mexico were represented by the United States through the United States Department of Justice, by United States Attorney Alan D. Bersin and Assistant United States Attorney Gonzalo P. Curiel. Columna. An extradition hearing is not a criminal proceeding and the person whose return is sought is not entitled to the rights available in a criminal trial at common law. Id. ``Take out your AK-47, and you are going to (expletive) him right now.. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando an existan. 18 U.S.C. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. Extradition case gives look at vicious cocaine group [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. The certified documents submitted by Mexico, including the statements of Cruz, Miranda, Soto, Vasquez and Alejandro are admitted into evidence in accordance with Article 10(6) of the subject Treaty and 18 U.S.C. Caso Blancornelas - activoforo.com A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. 1103. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. As a result, the accomplice argument does not negate reliability in this instance, nor does it defeat admissibility. Magistrate No. 1462, 1469 (S.D.Tex.1992). [18] In the original request, Mexico sought extradition on the firearm offense related to events and circumstances alleged to have occurred on April 13, 1994. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. Collins v. Loisel,259 U.S. 309, 315-317, 42 S. Ct. 469, 66 L. Ed. Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . The power to make treaties is constitutionally invested in the executive branch of the United States government. Extradition of Kraiselburd, 786 F.2d 1395, 1399 (9th Cir.1986). Alejandro provides an unrestrained narrative discussion of various events and circumstances, prompted by periodic questions and all simultaneously recorded in an office on CPU's. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . Emilio Valdez - Lake Ridge Chapel & Memorial Designers The documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. The court, for reasons explained below, grants the petition, finding the detainee extraditable. In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. Neely v. Henkel, supra. 956 (1922). The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. 1101(d) (3); and Fed. Miranda's statement was given to an officer of this Court. Soto acknowledges having signed the statement as well as affixing his fingerprints. The request for discovery regarding Miranda was also submitted in RESPONDENTS SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY filed June 26, 1997 in Case 96-1828 (Docket No. Narcos Mxico 3: Ellos son los verdaderos "narcojuniors" en los que 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. The videotapes clearly demonstrate Alejandro's demeanor. Valdezs attorney said some of the statements were extracted under torture. Sign up for our free summaries and get the latest delivered directly to you. [47] Alejandro's testimony also implicates his brother concerning the involvement with the AFO, which relates to the pending extradition of Alfredo Hodoyan-Palacios, 96mg1828(AJB). Respondent also challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. The court denied the writ. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. [41] All of these individuals are described as "prisoners" in the statement. Valdez told Contreras, "Wait for me here and when you see us leave the parking lot in the white Volkswagen, make a wall so that we won't be followed". 25. That conclusion is based on the following analysis. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. Extradition of Mainero, Matter of, 990 F. Supp. 1208 - Casetext Background. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. [15] The Treaty, in Article 11, and 18 U.S.C. You're all set! After receipt of the diplomatic note, Respondent was then held under the formal request for extradition and not the provisional arrest which had initiated the case. The Court denied the motion.[3]. Court documents say the threat against assistant U.S. Atty. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. Most of the cocaine entering the United States comes from Mexico, and most of it passes through the Arellanos undisputed turf _ Baja California, according to the Drug Enforcement Administration. The court has jurisdiction over the Respondents if they are before the court. A great number of questions exist, and many questions remain unanswered in this case. BATTAGLIA, United States Magistrate Judge. Respondent's request for discovery is denied. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. Peryea v. United States,782 F. Supp. Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. On September 30, 1996, the United States Attorney's Office for the Southern District of California, acting on behalf of the Republic of Mexico, presented to the Honorable Anthony Battaglia, United States Magistrate Judge, a complaint and a formal extradition request for Emilio Valdez Mainero (hereinafter "Valdez" or "Extraditee"). La pequea y poco conocida . Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. Pursuant to an extradition treaty between Mexico and the United States, Treaty 31 UST 5059, TIAS 9656 ("Treaty"), and under federal laws supplementing and implementing such treaties, 18 U.S.C. Estudiaban en colegios particulares, eran de familias acomodadas y los deslumbr el estilo de vida del "Mon", uno de los lderes del crtel de Tijuana. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. E. Alejandro Enrique Hodoyan Palacios On November 30, 1996, Alejandro Enrique Hodoyan Palacios (hereinafter "Alejandro") gave a deposition at the office of the Attorney General of the United States of Mexico. Narcos Mxico 3: de Kitty Pez a los Arellano Flix - infobae In the Matter of the Extradition of Contreras,800 F. Supp. Criminal activity is defined as those who agree to or plan the crime, commit the crime themselves and/or commit the crime jointly with others (Article 13, Sections 1 through 3, inclusive). The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. 1989), cert. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . Respondent also argues that Alejandro was abducted in the Spring of 1997 by representatives of Mexico which corroborates Mexico's alleged use of inappropriate force and means to secure evidence in this case. Soto extensively describes other, numerous criminal activities of the AFO. C. Fausto Soto Miller, aka "Chef" In his September 27, 1996[27] declaration before an agent of the Mexican Federal Public Prosecutor, Fausto Soto Miller, "Chef," (hereinafter *1221 "Soto") stated that he was aware of the personal problems between Valdez and Gallardo, arising out of a threat with a firearm against Gabriel Valdez made by Gallardo. The Second Circuit affirmed the denial of the habeas corpus petition. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. Los narcojuniors . [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. For the reasons set forth in the Memorandum Decision Denying Bail (see footnote 1), the Court finds that the offense of carrying a firearm exclusive to the Army, Navy and Air Force lacks dual criminality and petitioner fails in its burden regarding extradition on that matter.[18]. Entre los jvenes reclutados por el narcotrfico mexicano se encentraban Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. See footnote 10. DRUG GANG'S LONG ARM GRIPS MEXICO - The Washington Post
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