Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. 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. 40). NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. Specifically, the Court ordered the United States to file copies of videotapes of Alejandro Hodoyan's deposition; evidence including Respondent's statements regarding the circumstances surrounding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 declaration by Alejandro Hodoyan;[5] and, all statements, recordings, transcriptions and memoranda of interviews by the assistant U.S. Attorney and federal agents of Alejandro Hodoyan. Finally, Respondent filed FINDINGS OF MEXICAN LAW EXPERT RODOLFO GASTELUM PEREZ RE: ABSENCE OF PROBABLE CAUSE; SYNOPSIS; AND CURRICULUM VITAE which asserted procedural, substantive and constitutional infirmities under Mexican law in the extradition request and in the arrest warrant. [15] The later supplementation of the record and the supplementation of Mexico's request for extradition, with additional charges, are not inconsistent with the Treaty or its provisions. The entire record supports the finding that probable cause exists with regard to homicide charges. They are: (1) Ministerial Statement of September 27, 1996, at 1140 a.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (2) Additional Ministerial Statement of September 27, 1996, at 6:30 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (3) Additional Statement of September 30, 1996, at 9:00 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor in Mexico City, Mexico; and. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. 1136 (1916). emilio valdez mainero - reyasroom.com Este es el miembro del Crtel Tijuana que interpreta Bad Bunny en Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. Respondent's roles and activities in these regards is specifically referenced. Opinion for Matter of Extradition of Mainero, 950 F. Supp. [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). Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. There is no corroborating evidence regarding the source, however. The two perpetrators escaped in a white Volkswagen. [25] Miranda testified based upon his acquaintance with the individuals described in his statement, his personal presence at various of the events and circumstances described and conversations with the involved individuals. October 21, 1996. According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. Two Mexican men to be extradited for drug-related murders (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). 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. There is nothing to confirm, corroborate or verify that the facts in the statement are in fact the testimony of Sergeant Ruiz, and based upon personal knowledge. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. 2d 455 (1972). Another court has correctly characterized the above sentence from the Second Circuit as "dicta." The limitations of the judicial review at this stage of the proceedings, however, should not be an excuse to admit evidence presented without apparent foundation or any independent indicia of trustworthiness. 956 (1922). The United States, in fact, complied with Article 11, Paragraph 3, by its initial filing of diplomatic note 001831, on November 25, 1996 with the U.S. Embassy in Mexico. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. Support for the reliability of Soto's "recantation" (and by inference the other recantations) is offered by Respondent in an unsigned and uncertified declaration of First Seargent Vicente Ruiz Martinez, submitted on June 30, 1997 at the extradition hearing. These three were carrying short range firearms in a white Volkswagen. 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. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. emilio valdez mainero. In re Petition of France for Extradition of Sauvage,819 F. Supp. The suggestion of torture is certainly present in the record. California. [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. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 'Narcos: Mxico 3' reparto: Quin es 'Kitty' Pez? Historia - RPP An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. As set forth in Footnote 26, the rights normally available in a criminal trial are not available in this proceeding. 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. Cruz declared that the group told him of multiple murders that they, including Valdez, had committed because the "boss was angry", referring to Ramon Arellano Felix. Otros de los jvenes reclutados tambin fueron personificados en Narcos Mxico 3, por ejemplo Emilio Valdez Mainero, hijo de un guardia presidencial, quien conoci a Ramn Arellano en una . He states that the reason that Gallardo was murdered was because he had allowed "Chapo Guzman" into the territory of Tijuana to deal drugs and push out Benjamin Arellano Felix. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. See footnote 10. Fue en una de las celebraciones que conocieron a Emilio Valdez Mainero, el hijo de un coronel que en su momento fue miembro de los guardias presidenciales. Date published: Mar 20, 2013. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. Miranda infuriated his boss by refusing to do the hit because he had plans to go shopping with his family. 1978). On June 26, 1997, respondent filed a SUPPLEMENTAL SUBMISSION RE: EXTRADITION AND REQUEST FOR DISCOVERY[34], with an attached declaration of Augustin Hodoyan (Alejandro's brother) with Alejandro's personal notes which were used to create the March 3, 1997 declaration. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . LOS NARCOJUNIORS. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). Kitty Pez, el narco real que interpreta Bad Bunny en 'Narcos Mxico He also stated that it was Valdez who assigned him the code name "F7". 28). Appellant then filed a writ of habeas corpus with the district court. Respondent has no right to rebut prosecutorial evidence (here, the basis and procedural compliance with the laws of Mexico as well as the determination of probable cause to issue the warrant in Mexico). Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). 777(N.D.Cal.1985). The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. This issue was not challenged by the Respondent. United States v. Valdez-Mainero - casetext.com In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. The . *1229 The testimony of the various witnesses, including Miranda and Alejandro provide competent evidence for an assessment of probable cause to believe that the crime of criminal association (conspiracy) has been committed and that Respondent is involved therein. [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. 50). 3184, et seq., in order to extradite the Respondent, the United States, on behalf of the Republic of Mexico, must establish that: (1) The judicial officer is authorized to conduct extradition proceedings; (2) The court has jurisdiction over the respondent; (3) The applicable treaty is in full force and effect; (4) The crimes for which surrender is sought are included within the terms of the treaty; and. Est acusado de ser uno de los secuaces ms temidos de Arellano y se lo busca por asesinato en Mxico.Emilio Valdez Mainero era un compaero de juventud que Alex Hodoyn eligi, aos ms . Quin es Kitty Pez, el narcojunior que interpreta Bad Bunny en Narcos ``When they want to do a job _ when they want to bring down the hammer _ they can do it with brilliance and genius, Lupsha said. Emilio Valdez Mainero (Valdez) and Alfredo Hodoyan Palacios (Hodoyan) were certified as extraditable to Mexico on charges of murder and criminal association with the Arellano Felix drug trafficking organization (AFO). 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"). The various activities included a number of incidents of transportation of illegal drugs and homicide. The Ruiz statement presents conflict with regard to dates of the arrest of some of Mexico's witnesses and is asserted to corroborate the use of torture in this case as well as create conflicts in Mexico's evidence in challenging the reliability of the evidence Mexico relies upon in this proceeding. In making this ruling, the Court of Appeals stated: After making its holding, the Gallina court did state that a case might occur in which the extraditee "would be subject to procedures or punishments so antipathetic to a federal court's sense of decency as to require reexamination of the [the general principle upholding extradition.]" It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. The allegations of torture supported by some of the self serving statements of the witnesses and some factual conflicts (i.e. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 Respondent's role is alleged to have included, among other things, the planning and carrying out of assassinations of people perceived to be enemies of the AFO, including rival drug traffickers and law enforcement officials. Demandado: Emilio Ricardo Valdez Mainero. They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. 33. The complaint . Background. Extradition case gives look at vicious cocaine group The others in the navy blue Cutlass also left the Holiday Inn and caught up with the white Volkswagen at the village of San Mateo Atenco. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. 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. The Court concludes that each of the crimes for which extradition is requested by Mexico are among those specified in the Treaty but that only Criminal Association and First Degree Murder are analogous to United States law. (5) The facts and the personal information of the person sought which will permit his identification and, where possible, information concerning his location; (6) A certified copy of the warrant of arrest issued by the judge or judicial officer [in Mexico]; and. Publicado: 5/6/2021 7:10:25 PM. Quin era en realidad 'El Kitty', narcojunior al que da vida Bad Bunny This latter evidence also results in a finding that any hostile action taken toward Alejandro and resulting in his disappearance and murder was more likely than not prompted at the direction of the AFO and not Mexico. The extradition request and supporting documents are admitted into evidence during the hearing and the post hearing submissions are properly authenticated or otherwise admissible within the discretion of the Court. [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. 24). (3) Fausto Soto Miller. 1992); Fed.R.Evid. These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. Cal. Valdez was ordered detained following arraignment. (2) Gustavo Miranda Santacruz. 290 (S.D.Cal.1996). Miranda also stated that in 1992, Valdez was in charge of cocaine trafficking, and that later, Valdez trafficked in 200 to 400 kilogram shipments of marijuana for the AFO. The signs of injury included 16 irregularly circular scars, 17 circular scars and 3 small scars on the chest as well as a hematoma to the upper base of the nose and a circular bruise on the right chin. Quines eran los narcojuniors reales de Tijuana? 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. 1101(d) (3); and Fed. We will gather for a memorial service and viewing at 6:00 p.m. Friday, September 6, 2019 followed by a visitation at Lake Ridge Chapel and Memorial Designers. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. 830 (1911). Hodoyan haba estudiado en una . [30] These statements challenge the "motive" for the Gallardo murder as stated by Cruz and Miranda. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. While Ruiz provides no direct account of any torture, this information supports a finding that Alejandro was "in custody"[43] along with others and supports an argument that extended detention was involved in the handling of the witnesses by Mexico. The Supplemental Complaint charged Respondent with criminal association under Article 164, paragraph 1 and Article 13, section 2 of the Penal Code for the Federal District. BATTAGLIA, District Judge. Since the evidence was undisputed it is not detailed extensively herein. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. The certified documents included diplomatic note 001831 dated November 25, 1996 from the Embassy of Mexico formally requesting the extradition of Respondent on the firearms and conspiracy charges. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." "The rationale is that such matters are to be determined solely by the executive branch." United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. Por Investigaciones ZETA. 1989), cert. Magistrate No. 029n1est - La Jornada Republic of France v. Moghadam,617 F. Supp. Quines son los narcojuniors reales de Narcos Mxico 3 - EL DEBATE 1462, 1464 (S.D.Tex. 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. Mexican Tale: Drugs, Crime, Torture and the U.S. As to Soto, his three statements to the Mexican authorities, two on September 27, 1996 and one on September 30, 1996, respectively, do not reference any injury. 448 (1901). The . The authority of a magistrate judge to conduct the proceedings is provided by 18 U.S.C. 956 (1922). At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. MATTER OF EXTRADITION OF MAINERO - leagle.com 2d 61 (1970). Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder.