United States Second Circuit

In a habeas petition challenging an order extraditing plaintiff to Bosnia, denial of the petition is reversed where the relevant arrest warrant was issued by a court that neither had jurisdiction over the matter nor authority to enforce the warrant, and thus the requirement of the Treaty for Mutual Extradition of Fugitives from Justice between the U.S. and Bosnia that an individual be "charged" with an extraditable offense had not been satisfied.

Appellate Information

• Decided 12/09/2009
• Published 12/09/2009

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  KEARSE, LEVAL, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• James J. McGuire (Kesari Ruza, Timothy J. McCarthy, Elizabeth Rotenberg-Schwartz, Sean J. Kirby, of counsel), Sheppard, Mullin, Richter & Hampton LLP, New York, NY, for Petitioner-Appellant Muhamed Sacirbey.


• For Appellees:
  
• Anjan Sahni, Assistant United States Attorney (Michael J. Garcia, United States Attorney, on the brief, Jonathan S. Kolodner, Assistant United States Attorney, of counsel), Office of the United States Attorney for the Southern District of New York, New York, NY, for Respondents-Appellees Joseph R. Guccione and Dennis Spitzer.