Extradition and the U.N. Convention against Torture: Mironescu v. Costner

On March 22, 2007, the U.S. Court of Appeals for the 4th Circuit in Richmond, Virginia, ruled that a 1998 federal statute precludes federal courts from reviewing a decision by the U.S. Secretary of State to extradite a fugitive, despite claims that he will likely be tortured in the requesting state. In Mironescu v. Costner, the court reversed a U.S. District Judge in the Middle District of North Carolina who had ruled that the 1998 statute, section 2242 of the Foreign Affairs Reform and Restructuring Act, or “FARR” Act, did not deprive him of the authority to review the Secretary’s decision for compliance with the U.S. government’s obligations under the U.N. Convention Against Torture (“Torture Convention” or CAT). The fugitive, Petru Mironescu, obtained a stay of the appellate ruling while he petitions the U.S. Supreme Court for certiorari ... [more]