Martinez v. United States

Two men died in a 2005 shooting in Oaxaca, Mexico. Petitioner, a legal permanent resident of the U.S., where he had lived for more than 15 years was the shooter. Petitioner frequently traveled to Mexico, where his wife and children lived.The town clerk held a meeting. Petitioner’s family and a victim's family signed an agreement, drafted by the court, identifying Petitioner as the person “who committed the homicide” and providing that his family would pay 50,000 pesos to the victim's family. Petitioner’s wife understood “the agreement resolved the case," because the family of the other victim, “never claimed that Avelino committed any crime.” Unbeknownst to Petitioner, a cousin who was not a party to the agreement reported the homicide to the attorney general. Oaxacan authorities issued a warrant on charges of homicide with “unfair advantage." Meanwhile, Petitioner returned to the U.S., and lived openly under his own name. The Mexican government made no effort to locate him or to obtain extradition. In 2012, Mexico cited the “urgency” clause of the extradition treaty to request his arrest. Petitioner, who had obtained citizenship in 2010, was working to obtain permanent resident status for his family. He made several trips to Mexico to meet consular officials. Neither Mexican nor U.S. authorities detained him or informed him of the warrant. Petitioner was arrested in 2013, and certified as extraditable. He unsuccessfully sought habeas corpus, challenging certification of extraditability. The Eighth Circuit reversed and remanded, holding that the treaty incorporates the Speedy Trial Clause. View "Martinez v. United States" on Justia Law