Montemayor Loses Effort to Pre-empt Mexican Extradition from the U.S.

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Tuesday, October 1, 2002
Bruce Zagaris
On July 26, 2002, U.S. District Court Judge Nancy Atlas issued an order denying the effort of Rogelio Monetemayor, former PEMEX General Director and politician, to obtain bail and an extradition hearing before the court. The order is a setback for the unusual and creative strategy by Monetemayor counsel to start the inevitable extradition proceedings. Montemayor filed the Miscellaneous Proceeding seeking bail pending issuance of a warrant and complaint that he anticipated the U.S. will issue upon the request of Mexico. Monetemayor also sought an extradition hearing. Judge Atlas observed that the parties agreed on July 17, 2002 in open court that the U.S. Department of State has received a request from Mexico for the provisional arrest or, possibly, the extradition of Montemayor. The US. Government represented that the matter is still under advisement within the exclusive branch of the U.S. Government. The court declined to reach the merits of Monetemayor?s constitutional arguments or requests, finding lack of jurisdiction. The court explained it has no authority to address issues of bail or extradition requests until and unless the U.S. Department of State files a complaint and / or requests a warrant of arrest. The Court further reasoned that, although it credits the good faith of Monetemayor?s actions and his promises not to leave the jurisdiction to act. Hence, the court dismissed the Miscellaneous Proceeding.