U.S. Appellate Court Affirms Denial of Appeal from Extradition, But Holds Executive’s Decision on Torture Defense is Reviewable

On July 11, 2000, the U.S. Court of Appeals for the Ninth Circuit in the case of Ramiro Cornejo-Barreto v. W.H. Seifert, affirmed the district court’s denial of a petition for habeas corpus that the accused’s extradition to Mexico would violate the U.S. obligations under the Torture Convention, but directed the denial be without prejudice since the accused could seek judicial review of a decision to extradite him by the Secretary of State once the latter made such decision. In August 1991, a judge in Tijuana, Mexico issued a warrant for the arrest of Ramiro Cornejo-Barreto, a Mexican citizen who is a lawful permanent resident of the U.S., charging him with homicide, robbery, injuries, deliberate property damage, kidnaping, and firing a weapon upon a person. The crimes were alleged to have occurred in Mexico on or about May 5, 1989...[more]