emilio valdez mainero

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. 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. 290 Brought to you by Free Law Project, . [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]. Mexico contests the reliability of these recantations asserting that they are self serving, lacking in reliability and inadmissable as contradictory evidence. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. Valdez moved the Court for release under the special circumstances doctrine. 896 (S.D.Cal.1993). Kitty Pez, el narcojunior real que interpreta Bad Bunny en "Narcos Matter of Extradition of Mainero, No. 96MG1798 (AJB). 12). The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected. 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. Mar. A full review of the evidence, however, is the provence of the trial court in the requesting nation. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. [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. 1101(d) (3); and Fed. NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger United States v. Valdez-Mainero - casetext.com 777(N.D.Cal.1985). En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. (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. Quin era 'El Kitty', narcojunior interpretado por Bad Bunny? The 33-year-old Mexican . 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. 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. It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). In re Petition of France for Extradition of Sauvage,819 F. Supp. 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. The March 3, 1997 date is taken from the first line of the document. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. See Reply to Extraditees Response to Extradition Request and Request for Release, Page 8, lines 1-5, inclusive (Docket No. QUIERE LIBERTAD, DEBE VIDAS - Semanario ZETA denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. This finding could be based upon the testimony of Miranda and Alejandro, alone. denied, 398 U.S. 903, 90 S. Ct. 1688, 26 L. Ed. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. 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. You can explore additional available newsletters here. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. Negocia "El Caballo" inmunidad con EU - Periodico El Vigia Netflix lanz la ltima temporada de Narcos: Mxico, donde adems de los personajes que ya conocemos, hay UNA sorpresa: Bad Bunny. As earlier stated, the circumstances of Alejandro's testimony are not suggestive of torture, coercion or duress. (5) Gilberto Vasquez Culebro. Background. Since the evidence was undisputed it is not detailed extensively herein. For this reason, Respondent's challenge in this regard is denied. 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"). Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. 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. (2) Criminal Association between 1994 and September 14, 1996 in violation of Article 164, Paragraph 1 in accordance with Article 13, Section II, of the Penal Code for the Federal District;[11] and. 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. He later was charged with several murders, including Ibarras. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. 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). 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). [40] U.S.-MEXICO DRUG WAR: Two Systems Collide, New York Times, July 22, 1997. Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. Miranda's statement was given to an officer of this Court. [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. Matter of Extradition of Mainero, 990 F. Supp. 1208 (S.D. Cal. 1997) Extradition of Mainero, Matter of, 950 F. Supp. 290 | Casetext Search 0. Narcos Mxico 3: de Kitty Pez a los Arellano Flix - infobae *1220 At approximately 9:30 p.m., Cruz, who was about twenty meters away from the entrance of the Holiday Inn heard several firearms shots. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. Challenges to the testimony of Cruz, Soto, Vasquez, Miranda and Alejandro based upon the argument that they are conclusory, unreliable hearsay, and unreliable as presented by alleged codefendants or co-conspirators are rejected. LOS NARCOJUNIORS. California. The Ninth Circuit has labeled the above statement from Gallina as speculation. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. Discovery is not available in extradition proceedings. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. 956 (1922). 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. 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. 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 challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. In the Matter of Extradition of Emilio Valdez Mainero,950 F. Supp. [37] Respondent criticizes Mexico for not filing this set of documents. Ramn y Arturo se la pasaban en fiestas y en una de conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales. A great number of questions exist, and many questions remain unanswered in this case. Mexican law defines murder (or homicide) as taking the life of another (Article 302). Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. 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 . EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. 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. 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. de Sicor 1 Acdo. 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. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. 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. Finally, the scope of admissible evidence in an extradition hearing is guided by the distinction between contradictory and explanatory evidence. Este es el miembro del Crtel Tijuana que interpreta Bad Bunny en The proper authority for the political decision here is, of course, the Secretary of State. Finally, he contests the date of arrest. 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. 18 U.S.C. According to testimony given to . There is no corroborating evidence regarding the source, however. 1980), the court refused to decide whether the accused might be tortured or killed if surrendered to the requesting nation because this argument raised an "issue that properly falls within the exclusive purview of the executive branch" Id. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. Under 18 U.S.C. In Shapiro v. Ferrandina,355 F. Supp. "The rationale is that such matters are to be determined solely by the executive branch." These three were carrying short range firearms in a white Volkswagen. 834 F.2d 1444, 1453. For the reasons set forth in the Memorandum Decision Denying Bail (see footnote 1), the Court finds that the offense of carrying a firearm exclusive to the Army, Navy and Air Force lacks dual criminality and petitioner fails in its burden regarding extradition on that matter.[18]. La historia detrs del ingreso de Bad Bunny a "Narcos: Mxico" - Mag. 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. 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. "Lobo" Hodoyn obtiene libertad - Semanario ZETA 1462, 1469 (S.D.Tex.1992). 956 (1922). Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener 990 F.Supp. 1208 (S.D.Cal. 1997), 96MG1798, Extradition of Mainero 568 (S.D.N.Y.1979). Matter of Extradition of Koskotas, 127 F.R.D. [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 States's opinion is entitled to deference. Estudiaban en colegios particulares, eran de familias acomodadas y los deslumbr el estilo de vida del "Mon", uno de los lderes del crtel de Tijuana. [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. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. 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. 2d 455 (1972). Date published: Mar 20, 2013. Columna. There, Valdez told the group, "`The Baby' paid me off. As to item 7, the sufficiency of the evidence, Respondent contends that the probable cause element has not been met and, therefore, there is no justification for his apprehension and commitment for extradition to Mexico. 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"). In the Matter of Extradition of Contreras,800 F. Supp. En 1995, su reinado lleg a su fin. 956 (1922), In re Locatelli,468 F. Supp. The court, for reasons explained below, grants the petition, finding the detainee extraditable. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. Los narcojuniors reales de la serie 'Narcos Mxico 3' emilio valdez mainero. 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. 3184, et seq., the United States issued a provisional arrest warrant for the Respondent, signed by Magistrate Judge Anthony J. Battaglia on September 30, 1996. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. Galanis v. Pallanck, 568 F.2d 234 (2d Cir.1977); Sayne v. Shipley, 418 F.2d 679 (5th Cir.1969) cert. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. 000012 dated January 3, *1213 1997. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . In re Sindona,450 F. Supp. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. 18 U.S.C. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. The notes are identified by Augustin Hodoyan, Alejandro's brother. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. 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 . EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. [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. California. 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. A certified copy of the extradition Treaty between the United States of America and Mexico of May 4, 1978 *1217 (TIAS 9656) was submitted by the United States in support of its position that the Treaty is presently in full force and effect. No mention of torture or physical abuse is made. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. The entire record supports the finding that probable cause exists with regard to homicide charges. During the meeting, the group discussed their plans to kill enemies of their interests, including Amado Carillo, a rival drug trafficker. After the statements of September 27, 1996, a medical doctor examined Soto and found no traces of any recent physical wounds. 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." Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. Support for its origin is suggested from a New York Times article[40]. 3184. Argument, inference and innuendo is all that has really been presented here. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . D. Gilberto Vasquez Culebro, aka "Cachuchas" On September 30, 1996, Gilberto Vasquez Culebro (hereinafter "Vasquez") gave a statement to Jose Luis Juarez Garcia, an agent of the Mexican federal public prosecutor in Mexico City, Mexico. Extradition case of Mexican men reveals details of vicious drug gang [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. Court documents say the threat against assistant U.S. Atty. 124 F.3d 1186, 1997 WL 624797 (9th Cir.). 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". 1971), cert. Martinez told Cruz that he would receive some money if Cruz would hold the 38 Super and the 9mm guns that they had used to kill Gallardo and Sanchez. Mr. Soto was privy to certain events and conversations forming the basis of his knowledge. Extradition case gives look at vicious cocaine group (3) Fausto Soto Miller. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. 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. 777 (N.D.Cal.1985). Through observation and discussion, he became privy to the knowledge set forth. In contesting the accuracy of the statement of the federal prosecutor, he "rejects" the alias described to him, the reported rank in the infantry, and claims that he does not belong to the Presidential General staff but to the Presidential Guards Corps. 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. According to the United States' submissions and consistent therewith at the hearings, Mexico seeks extradition of the Respondent for the Mexican charges identified above. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Los narcos asesinan, se ren y despus se van a cenar In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. 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. Zanazanian v. United States, 729 F.2d 624, 626-27 (9th Cir.1984). BATTAGLIA, United States Magistrate Judge. 290 (S.D.Cal.1996). 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 asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. [8] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION filed September 29, 1997 (Docket No. 534 (1902). You already receive all suggested Justia Opinion Summary Newsletters.