emilio valdez mainero

Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. If the drafters of the Treaty had intended the judicial officer to consider the admissibility and weight of the evidence under the law of the requesting party (i.e. 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. Seeing no one in pursuit, Cruz followed the white Volkswagen in the navy blue Cutlass. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. El Cocinero confesses about FBI Top Ten Most Wanted's Arellano Felix [22] The individuals related to this case are often referred to in the evidence by nicknames. The notes are identified by Augustin Hodoyan, Alejandro's brother. Court documents say the threat against assistant U.S. Atty. [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. While the Court has wide latitude in admitting evidence, and hearsay evidence is admissible, the Ruiz statement is without any legally reliable corroborating or authenticating evidence in this case. 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. 934 (D.Mass.1996). As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. Finally, the United States submits evidence in the form of statements attributed to Respondent related to the disappearance and murder of Alejandro by the AFO and the organizations efforts to effect a recantation of Alejandro's November 30, 1996 deposition. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. Id. 1136 (1916). 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. 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 . Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. 834 F.2d 1444, 1453. [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. The interviews of Alejandro in the United States confirm the uncoerced willingness of Alejandro to provide testimony concerning the criminal activities of the AFO and Respondent's role therein. 18 U.S.C. In Quinn v. Robinson, 783 F.2d 776, 815 (9th Cir.1986), the Ninth Circuit reaffirmed that hearsay evidence that would be inadmissible for other purposes is admissible in extradition hearings. ), affirmed as modified, 478 F.2d 894 (2d Cir.1973) the court stated in part: The magistrate judge conducting the extradition proceeding has wide latitude in admitting evidence. [27] Soto actually made a series of statements relative to this matter. Emilio Ricardo Valds Mainero, (a) "Len" o "Ricardo Gonzlez Len", detenido el 30 de septiembre de 1996, en San Diego, California, por posesin ilegal de armas y de estupefacientes. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. En 1995, su reinado lleg a su fin. 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. Respondent's objections to this evidence and his explanatory evidence have already been addressed, and rejected. one strange rock gasp quizlet New Lab; glider timetable dundonald park and ride; 12 gauge 100 round drum; 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". Tijuana Cartel Escalates Violence Along Border Los narcojuniors . Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing 2D1.1 and reduced by two levels the offense level applicable to many drug trafficking offenses. Extradition case gives look at vicious cocaine group Valdez moved the Court for release under the special circumstances doctrine. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. Twenty-eight days after he took office, Ibarra, along with two government agents and a taxi driver, was gunned down in a cab outside Mexico Citys airport. Cartel Suspect Admits Plotting Cocaine Deal - Los Angeles Times MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 1996) Anecdotes from the AFO (Ramon and Benjamin). I may have the - reddit The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. (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. As a society we cannot suspend that concept by virtue of the interest of a foreign nation in the extradition of an United States citizen, the heinous nature of the offense notwithstanding. It was at one of the celebrations that they met Emilio Valdez Mainero, the son of a colonel who was once a member of the presidential guards.Later they contacted Alfredo Hodoyan Palacios, who was the son of a wealthy businessman from the city.Alfredo had been born and studied in USA, so it was easier for the drug to pass through the border without generating suspicion. [31] See discussion at page 1213, line ___, et seq. 40). Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 Where a prior statement is shown to be coerced and the indicia of reliability is on the recantation, then the subsequent statement negating the existence of probable cause is germane in an extradition proceeding. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. They are under a compelled setting initiated by Mexican judicial authorities (as opposed to a self directed recantation by the declarants) and are no greater than a plea of not guilty when analyzed to similar proceedings under United States law. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. Soto extensively describes other, numerous criminal activities of the AFO. 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. California. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. Respondent also cites Title 18 U.S.C. The matter proceeded to an extradition hearing on June 30, 1997 before the Honorable Anthony J. Battaglia, United States Magistrate Judge. 672, 685 (S.D.N.Y.1978), aff'd, 619 F.2d 167 (2d Cir.1980), citing Collins, supra, 259 U.S. at 316. 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. There was no mention of the lost eye in the medical exam performed by the Republic of Mexico or during the court proceedings where the alleged recantation took place. "The rationale is that such matters are to be determined solely by the executive branch." 371. 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. Whitepages people search is the most trusted directory. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. Ramn Arellano Flix: As se vea Bad Bunny como parte de narcojuniors the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. [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. He later was charged with several murders, including Ibarras. 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). Id. QUIERE LIBERTAD, DEBE VIDAS. In addition to being signed by extraditee's father, other family members similarly signed attesting to the authenticity and veracity of the document. A review of the evidence submitted in support of those charges meets the requirements regarding identity and probable cause sufficient to fulfill the fifth extradition requirement. La pequea y poco conocida . No mention of torture or physical abuse is made. Recanting statements are relevant in these proceedings as they affect probable cause. 956 (1922), In re Locatelli,468 F. Supp. It was not until October 2, 1996 that Soto described the alleged torture to the judge in Mexico. According to statements filed in federal court in San Diego, Ibarras assassination Sept. 14 was committed by members of the Arellano Felix drug organization and coordinated by the attorney general of Baja California. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). In the Matter of the Extradition of Contreras,800 F. Supp. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. Lee tambin "Narcos Mxico 3": Bad Bunny ser un narcojunior del Cartel de Tijuana. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. [2] The warrant was issued on a Complaint charging Respondent with carrying a firearm exclusively reserved for the military in violation of Articles 160 and 162, paragraph 3, Criminal Code for the Federal District. November 4, 1997. The contours do not lend themselves, nor invite the type of inquiry required to evaluate the humanitarian concerns of the magnitude suggested by Respondent. [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. 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. The Ninth Circuit held that "[t]his contention lacks merit because under general extradition of the United States and under the provisions of Treaty, the hearsay statements Keller summarized in his affidavit are competent evidence." is indoor ice skating safe during covid; most common super bowl final scores; lynette woodard spouse; reelfoot lake fishing guides; emilio valdez mainero. In the absence of legal authority to support the court's ability to find the treaty invalid for changed circumstances or that the purpose and intent of the parties in this instance is materially different, Respondent's position in this regard is rejected. Neely v. Henkel, supra. [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]. According to testimony given to . Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. Finally, he contests the date of arrest. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". 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. MAINERO v. GREGG (1999) | FindLaw 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. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. 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. The essential question is whether the indicia of reliability is on the recantation or the initial statement. Since the evidence was undisputed it is not detailed extensively herein. United States v. Manzi, 888 F.2d 204, 206 (1st Cir. [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. [9] See ORDER DIRECTING THE FILING OF ADDITIONAL EVIDENCE filed October 23, 1997 (Docket No. 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. From Pampered Sons To Hit Men? - The Seattle Times Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. 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. Emilio Valdez Mainero declara que en mayo de 1992, l, Arturo "Kitty" Pez Martnez, Fabin Martnez Gonzlez "El Tiburn", David Barrn Corona y Jorge Alonso, fueron a buscar para matarlo, a Ricardo Olmos; que despus que lo localizaron como usuario de un taxi, se emparejaron al vehculo y Valdez y Barrn descendieron del . Beyond that, he reports preparing a letter of resignation from the Department of National Defense under torture. 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. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. Additionally, it is not the business of the United States Courts to assume responsibility for supervising the integrity of a judicial system of another sovereign nation; such an assumption would directly conflict with the principal of comity on which extradition is based. 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. Respondent also asserts that not only have the governing administrations changed in Mexico and the United States since the 1978 signing of the Treaty, but the purpose and intent of the parties is materially different from what it was at the time the Treaty was signed. 3188 for a similar proposition. The document is not authenticated. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. 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 . Entre los narcojuniors reales de Tijuana tambin estaba Alfredo Hodoyan Palacios, hijo de un empresario prominente en la ciudad . I Background. No further "recantation" exists, although he does "appeal that accusation" (the charges brought against him are on the basis of the statements). Miranda details numerous other criminal activities in which Valdez and others in the AFO were involved, including the assassination of Larios Guzman, the July 1994 assassination of multiple military officers, the kidnaping and murder of a person with the last name Margain, and the kidnaping of a man with the last name Baloyan. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. Case Number: 97CR2149 JM (S.D. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. aka "Cachuchas" In his September 30, 1996, declaration before an agent of the Mexican Federal Public Prosecutor, Gilberto Vasquez Culebro, aka "Cachuchas", (hereinafter Vasquez), declared that Valdez was a member of the AFO and that, in March, 1995, Valdez was in the company of the other AFO members, including, Eduardo Leon, aka "Abulon", Contreras, and Reyes. 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). The 33-year-old Mexican . The precedent of the long line of cases discussed above, supports the proposition that the consideration of a "humanitarian exception" should be left to the Department of State where it rightly belongs. Extradition of Mainero, Matter of, 990 F. Supp. 1208 - Casetext 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 . 1992); Fed.R.Evid. 12). October 21, 1996. The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico. You already receive all suggested Justia Opinion Summary Newsletters. By Molly Moore. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. BATTAGLIA, United States Magistrate Judge. Extradition case of Mexican men reveals details of vicious drug gang Negocia "El Caballo" inmunidad con EU - Periodico El Vigia The certificate is forwarded to the Department of State. The suggestion of torture is certainly present in the record. Cruz also said he transported weapons used in Ibarras slaying. Defense counsel was provided for Mr. Cruz Vasquez identifies himself as a member of the AFO and states that in March, 1996, he had several visitors to his home, including Respondent Valdez, Martinez, and co-extraditee Alfredo Hodoyan Palacios. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. The power to make treaties is constitutionally invested in the executive branch of the United States government. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. Recanting statements are relevant as they affect probable cause, but a showing that the prior statement is coerced and that indicia of reliability is on a subsequent recantation is the appropriate point of analysis on this issue. 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. Respondent's roles and activities in these regards is specifically referenced. Quines son los narcojuniors en los que est basada la historia . Additional documentation[4] (specifically related to the first degree murder and carrying a firearm exclusive to the Army, Navy and Air Force) were submitted by diplomatic note No. ``Take out your AK-47, and you are going to (expletive) him right now.. Matter of Extradition of Koskotas, 127 F.R.D. 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. Narcos Mxico 3: Ellos son los verdaderos "narcojuniors" en los que [4] As presented, the documentary evidence in this regard appears to supplement, not supersede, the previous filings of certified documents in support of the request for extradition. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. [20] i.e. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Quin era en realidad 'El Kitty', narcojunior al que da vida Bad Bunny Mexico also argued that the document was not certified as required by the treaty and would be presumptively inadmissable. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. 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. "Lobo" Hodoyn obtiene libertad - Semanario ZETA At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. Appellant appealed the habeas corpus denial to the Second Circuit. mayo 9, 2022. Respondent's request for discovery is denied. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). Cruz describes his mistreatment and torture at the hands of the Mexican authorities. Mexico more correctly characterizes the Ruiz statement as a summary of statements by Seargent Ruiz. 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. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. The environment where the deposition was taken is not suggestive of any coercive circumstances. The videotapes clearly demonstrate Alejandro's demeanor. 448 (1901). Mr. Soto also provides a physical description of Respondent. 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. 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"). Los narcojuniors reales de Tijuana. Defense counsel was provided for Mr. Soto for purposes of his testimony. United States District Court, S.D. Columna. Magistrate No. En septiembre de 2002, el Juzgado Cuarto de Procesos Penales Federales en el Estado de Mxico (antes Juzgado Primero de Distrito . 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. Get free summaries of new Southern District of California US Federal District Court opinions delivered to your inbox! [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. [30] Respondent's Exhibits H, I and J, respectively, docket No. In fact, Respondent urges the Court to dismiss this proceeding stating that the Mexican Attorney General's office held back these statements because of their negative impact on the probable cause analysis. 33) which is similarly denied for the reasons stated. The Department of States's opinion is entitled to deference. 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. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. No. Respondent asserts that the Treaty in this instance is invalid due to changed circumstances. 5.1 is without authority and is unavailable in any event under prevailing authority. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. Valdez was ordered detained following arraignment. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. See footnote 10. Mexican prosecutors persuade California courts to send Alfredo Hodoyan Palacios and Emilio Valdez Mainero, alleged paid killers for a vicious drug ring based in Tijuana, back to Mexico to face . 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. 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. (2) Gustavo Miranda Santacruz. "EL Lobo"Hodoyan of the CAF gains his freedom - Borderland Beat As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). 1103. January 1997: Hodin Gutierrez Rico, a . 442 (S.D.Cal.1990). 1 Since there is no right of appeal from extradition orders, Valdez and Hodoyan filed petitions for writs of habeas corpus in . at 1450-1451. United States v. Valdez-Mainero - casetext.com Again, no more precise recantation of the specific events exists. Opinion for Matter of Extradition of Mainero, 950 F. Supp.

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