The court, for reasons explained below, grants the petition, finding the detainee extraditable. Los jvenes que cayeron en las garras de los hermanos Arellano Flix fueron: Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, hijo de un empresario, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. If reliable, the recantations and the Ruiz statement would be evidence which would undermine the voluntariness of the statements offered by Mexico in their case in chief, and as a result, the evidence in support of probable cause for extradition. It is further argued that there is a strong motivation on behalf of the Hodoyan family to help Respondent and this would give rise to questions with regard to the trustworthiness of the document. 956 (1922), In re Locatelli,468 F. Supp. In re Sindona,450 F. Supp. Citations Copy Citation. 20, 2013) From Casetext: Smarter Legal Research. The court has jurisdiction over the Respondents if they are before the court. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. Tambin se encontraban en este grupo 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. 577 (1901). *1225 Seargent Ruiz' statement appears to confirm Soto's statement that he was arrested prior to the September 27, 1996 date set forth in the statements made to the Mexican authorities. 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. 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. [38] These are the same statements offered in this matter to support the request for extradition. 611 (S.D.N.Y.1985). They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. Based on case authorities Respondent's Motion in this regard is denied. (3) Fausto Soto Miller. 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). Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. Appellant appealed the habeas corpus denial to the Second Circuit. ``But it only makes the laxity which we see daily _ that should be viewed with greater and greater suspicion.. Fabin Martnez remplaz en el cargo a Emilio Valdez Mainero, El CP, y adems compadre de Ramn Arellano Flix, luego que aqul fue arrestado en 1996 en San Diego, California, y condenado a 30 aos de prisin por delitos relacionados con trfico de cocana y herona hacia Estados Unidos. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. (4) Preparatory Statement of October 2, 1996, at 6:00 p.m. before the District Judge of the Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. United States v. Kin-Hong, 110 F.3d 103 (1st Cir. Mr. Valdez was referred to as "El Cabezon", "C.P. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." You're all set! The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. Columna. Each "recantation" is essentially a denial of the former statement(s) in their entirety and an allegation of torture and abuse at the hands of the Mexican authorities. In the Matter of Extradition of Contreras,800 F. Supp. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. Case Number: 97CR2149 JM (S.D. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. 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". [46] Respondent's repeated request to confront and cross-examine Mexico's witnesses under Fed.R.Crim.P. Equihua had been close to a witness in the drug-related cases of Alfredo Hodoyan and Emilio Valdez Mainero, which were due to be heard in San Diego courts. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. Los narcojuniors estudiaban en colegios particulares y pertenecan a familias acomodadas. 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. Soto extensively describes other, numerous criminal activities of the AFO. The . 44). 956 (1922). During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. 371. California. Background. Specifically, their testimony is summarized as follows: A. Gerardo Cruz Pacheco, aka "Capitan," On October 12, 1996 at 1:00 p.m.,[23] Gerardo Cruz Pacheco, aka "Capitan," (hereinafter "Cruz"), made a signed statement before Alma Leticia Lares Tenorio, an agent of the Mexican Federal Public Prosecutor. 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. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. The murder and conspiracy offenses, above described, survive the Respondent's challenge. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). Respondent was identified in statements of alleged co-conspirators Fausto Soto Miller, aka "Joel Fierro," "El Chef" or "El Cocinero" (hereinafter "Soto");[22] Cruz; Gilberto Vasquez Culebro, aka "El Gorras" or "El Cachuchas" (hereinafter "Vasquez"); as well as witnesses, Alejandro Enrique Hodoyan Palacios, (hereinafter "Alejandro"); and, Gustavo Miranda Santacruz, (hereinafter "Miranda") with involvement in a host of criminal activities on behalf of the Arellano Felix organization and in particular with the shooting of Gallardo and Sanchez. (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. Informacin de El Universal. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). In the Matter of the Extradition of Contreras,800 F. Supp. He declared that, in May, 1992, Ramon Arellano-Felix and Valdez killed rival drug traffickers, the Olmos brothers, and that Valdez told him and other members of the AFO that Valdez would pay $150,000 to them if they took the blame for the Olmos murders. 956 (1922). A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. 563, 572 *1219 (S.D.N.Y. Valdezs attorney said some of the statements were extracted under torture. 1978). 1136 (1916); McNamara v. Henkel,226 U.S. 520, 33 S. Ct. 146, 57 L. Ed. (2) Gustavo Miranda Santacruz. In Matter of Extradition of Pazienza,619 F. Supp. California. Id. R.Crim.P. The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States. 534 (1902). This is defined as an individual who is a member of a group or gang of three or more persons whose purpose is to carry out criminal activity (Article 164). In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. Quines son los narcojuniors en los que est basada la historia . Fausto Soto Miller presented Ejecutivo Mercantil Autr. The entire record supports the finding that probable cause exists with regard to homicide charges. The United States has also offered statements from interviews between Alejandro and federal agents in February of 1997 which are asserted to corroborate Alejandro's knowledge of the AFO and his willingness to cooperate. 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 Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". at 77, 78. United States v. Valdez-Mainero. La pequea y poco conocida . Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". BATTAGLIA, District Judge. 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. Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. Treaties, by design, live well beyond the administration involved in their enactment. There is no corroborating evidence regarding the source, however. 00:15. There is no credible evidence supporting the authenticity of this summary of testimony in the closed investigation in Mexico. 5.1 is without authority and is unavailable in any event under prevailing authority. [37] Respondent criticizes Mexico for not filing this set of documents. Valdez was ordered detained following arraignment. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. When he appeared in court, the judge also noted, on the record, residual signs of physical injury. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . 3184. Valdez relies on Gallina v. Fraser, 278 F.2d 77, 78 (2d Cir.1960), cert. Si te preguntas quines son en la vida real los llamados narcojuniors de Narcos Mxico, serie de Netflix, se trata de al menos tres de los jvenes de familias acomodadas en Tijuana, Baja California, que se involucraron en temas de drogas y en especial con el Crtel de los Arellano Flix.Entre ellos, El Kitty Arturo Everardo Pez y los hermanos Hodoyan. In Shapiro v. Ferrandina,355 F. Supp. emilio valdez mainerospiral pattern printing in c. phillies front office salaries Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. Under *1216 United States law, the standard of probable cause is whether there is any evidence warranting the finding that there was reasonable ground to believe the accused guilty. The Court is not required to decide guilt or innocence, but only determines whether there is competent legal evidence to justify holding the accused for trial in the charging country. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. 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. 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. El cantante interpreta a Arturo "Kitty" Paez, un sanguinario pero muy snob criminal . The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. [20] i.e. 000012 dated January 3, *1213 1997. (5) Gilberto Vasquez Culebro. There, Valdez told the group, "`The Baby' paid me off. Valdez _ the godfather of one of the Arellanos children _ was arrested in September in Coronado, Calif. An extradition hearing began Thursday for Valdez and another man. Soto also explains the details of the alleged abuse visited upon him. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . Appellant asked the Court of Appeals to stop his extradition because he had been convicted in absentia in Italy and, therefore, would be imprisoned without trial, be unable to confront his accusers and would not be able to conduct a defense. Opinion for Matter of Extradition of Mainero, 950 F. Supp. United States District Court, S.D. Valdez "hires young assassins who belong to Tijuana's upper class," according to the statement by Francisco Molina Ruiz, commissioner of Mexico's National Institute for the Combat of . 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. The cohorts also said the Arellanos had on their payroll Mexican immigration agents who waved cocaine shipments across the border. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. The Department of Justice shall prepare a certification consistent with this memorandum as required by 18 U.S.C. Cal. 33) which is similarly denied for the reasons stated. Under 18 U.S.C. October 21, 1996. The Miranda statement provides competent evidence to support a finding of probable cause that Valdez was involved in the Gallardo and Sanchez murders of April 9, 1996. 290 (S.D.Cal.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. Valdez moved the Court for release under the special circumstances doctrine. 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.Ms tarde contactaron . Id. The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. Defense counsel was provided for Mr. Soto for purposes of his testimony. 896 (S.D.Cal.1993). 2d 455 (1972). In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. The Court denied the motion.[3]. 18 U.S.C. It is also notable, that the sum total of the evidence showed Alejandro's Declaration regarding torture and abuse to be contrived in its derivation. 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. 50). An injury to the anterior upper third of his right leg is claimed to have resulted from a fight with an unknown person. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. Court documents say the threat against assistant U.S. Atty. Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. Valdez then smiled and announced, "The Baby paid me off. QUIERE LIBERTAD, DEBE VIDAS. 448 (1901); Simmons v. Braun, 627 F.2d 635 (2d Cir.1980); Charlton v. Kelly,229 U.S. 447, 461, 33 S. Ct. 945, 57 L. Ed. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. 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. The . On October 22, 1997, the Court issued an Order directing the United States Attorney to produce photographic evidence referenced in witness statements and related to the issue of the identity of Respondent. Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. [33] As such, it is argued that the statements were not credible, nor should they support extradition in this case. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . The statement is a summary of what Alejandro described to his family and includes information related to meeting General Gutierrez Rebollo as well as contact with DEA and FBI agents who pressured him to sign a confession in exchange for removal from Mexico and protection thereafter. Chapo Guzman gave marijuana to Gallardo so that he could move it into the United States, but afterwards, Chapo Guzman sent the Federal Police after him. 1971), cert. 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. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. 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. On September 30, 1996, the United States Attorney's Office for the Southern District of *292 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"). Emilio Valdez Mainero met Ramn Arellano at a posada before Christmas 1986 in the Lomas de Aguacaliente neighborhood. 54(b) (5). 3184, et seq. is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. "Chef" ("Soto") In his September 27, 1996 declaration before an agent of the Mexican Federal Public Prosecutor, Soto recalled an incident in which Valdez, Ramon Arellano Felix and other members of his organization met at a house rented by Valdez in Mexico City. 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. Furthermore, the sworn witness statements in the instant case are the type of evidence contemplated by the Treaty to avoid the need for the requesting country to send its witnesses to the requested country to testify at the extradition hearing. Background. For the reasons set forth in footnote 32 an extended analysis of the recantation is not set forth, nor is the recantation viewed any differently than those of Cruz and Soto. The holding in Gallina, however, offers no support for Valdez' claim. [6] The Court also directed the United States to request from Mexico, a signed statement of Seargent Ruiz and evidence of all dates of arrest after September 1, 1996 of witnesses Soto, Alejandro Hodoyan, Francisco Cabrera Castro and Gerardo Cruz Pacheco.[7]. [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. [6] See ORDER DENYING RESPONDENT'S MOTION TO REOPEN EVIDENCE AND DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 11, 1997 (Docket No. Mexico has filed the videotapes, the evidence concerning Respondent's statements regarding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 Declaration by Alejandro Hodoyan, as well as the statements by Alejandro to U.S. agents. The essential question is whether the indicia of reliability is on the recantation or the initial statement. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. [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. 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). There is no question, and no conflict in the evidence, that Gallardo and Sanchez were shot and killed by two individuals on April 9, 1996, at approximately 9:30 p.m., at the entrance of the restaurant at the Holiday Inn in Toluca, Mexico. 1462, 1464 (S.D.Tex.1992). The physical description of Emilio Valdez Mainero, "El C.P." or "Cabeza de Perro," is the following: 30 years old, 1.77 or 1.76 meters, heavy build, white skin, short straight hair which . On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. ", "El 5 Segundos", Ricardo Gonzalez Leon, Ricardo Emilio Valdez Mainero and Emilio Ricardo Valdez. Republic of France v. Moghadam,617 F. Supp. 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 government's request for the stay was denied sustaining Respondent's objection and request to proceed. The law limits extradition to circumstances where the Treaty is in full force and effect. Whitepages people search is the most trusted directory. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. Explanatory evidence is allowed only if the evidence would, clearly, negate a showing of probable cause. 30), he requests discovery regarding the statement by Miranda. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. In the supplemental request for extradition filed in January, 1997, the facts supporting the firearms offense were related to the first degree murder of Mr. Gallardo and Mr. Sanchez alleged to have occurred on or about April 9, 1996.

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