emilio valdez mainero

Emilio Valdez Mainero seemed an appropriately upper-tier husband, but he too allegedly found employment in the Arellano Felix organization, recruiting 'young assassins who belong to Tijuana's . A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. 3190. The court denied the writ. The Courts have chosen to defer questions regarding the procedures or treatment that might await an individual on extradition to the executive branch because of its exclusive power to conduct foreign affairs. 18 U.S.C. 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." In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle. The power to make treaties is constitutionally invested in the executive branch of the United States government. ("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. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. 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. [19] Respondent's requests for cross examination of Petitioner's witnesses pursuant to Fed. *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. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). There is no evidence, however, in this regard. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 000012 dated January 3, *1213 1997. The Department of States's opinion is entitled to deference. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. As indicated previously, the extradition hearing is not a trial, nor a criminal proceeding providing respondent with rights available in a criminal trial at common law. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. The recantations are little more than self-serving declarations at the time of "arraignment" on the charges based upon the statements given to the federal prosecutor. Print material from AMNESTY INTERNATIONAL has also been filed. 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 essential question is whether the indicia of reliability is on the recantation or the initial statement. 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. [38] These are the same statements offered in this matter to support the request for extradition. 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. Arnbjornsdottir-Mendler v. United States, 721 F.2d 679, 683 (9th Cir. [17] Article 9(1) provides in pertinent part, "the executive authority of the requested party shall have the power to deliver them up if, in its discretion, it is deemed proper to do so". The principle argument regarding changed circumstances is the existence of the practice of torture by Mexican authorities. The case against the juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased Tijuana colonel. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. The contours of the extradition proceeding were shaped by the Treaty and statute. According to testimony given to . 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. Demandado: Emilio Ricardo Valdez Mainero. Prior to the June 30, 1997 evidentiary hearing on the extradition requests, there were numerous other filings by the United States and by counsel for the detainee as well as several status hearings. January 1997: Hodin Gutierrez Rico, a . On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. 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. 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. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. 1101(d) (3); and Fed. [21] The real issue in this proceeding is whether or not there is probable cause to establish that Respondent was one of the perpetrators. 3184, Ward v. Rutherford, 921 F.2d 286, 289 (D.C.Cir.1990) and Rule 74 of the Local Civil Rules of the United States District Court of the Southern District of California. Ahora me siento segura ya que me entero inmediatamente de todo lo que sucede, inclusive antes que mi abogado y que el abogado de . The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. 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. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . 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." These individuals returned to Mr. Vasquez' home in April of 1996 and stated that they were running from the authorities because they had committed a homicide in Mexico City. 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. Por Investigaciones ZETA. Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. The witnesses all identify Respondent as the perpetrator in these regards. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. Id. 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. 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 . United States ex rel Sakaguchi v. Kaulukukui, 520 F.2d 726, 730-731 (9th Cir.1975). See footnote 25. Miranda stated that the murder took place the first part of April 1996, at the Holiday Inn in Toluca. Los narcojuniors . The . Specifically, Respondent submits that the Treaty is invalid because the use of torture in Mexico in obtaining evidence, including the evidence in this matter, is contrary to the law of the United States. 611 (S.D.N.Y.1985). Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. 1996) on CaseMine. 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. Support for its origin is suggested from a New York Times article[40]. 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. 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. Barrett v. United States, 590 F.2d 624 (6th Cir. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. 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. Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). 44). [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. He also stated that it was Valdez who assigned him the code name "F7". 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 . EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. 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. 956 (1922), In re Locatelli,468 F. Supp. 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. 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 . EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . [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. Only the criminal association (conspiracy) and murder charges satisfy the dual criminality requirement for extradition. 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. I Background 33) which is similarly denied for the reasons stated. 0. Defendant Emilio Valdez-Mainero, represented by the Federal Defenders of San Diego, Inc., seeks a 73 month reduction in his sentence on the basis of Amendment 782 to the Sentencing Guidelines which revised the Drug Quantity Table in U.S.S.G.

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