United States Ninth Circuit
Santos v. Thomas, 12-56506
Denial of a petition of habeas corpus relief from a magistrate's order certifying petitioner's extradition to Mexico on kidnapping charges is reversed where: 1) the co-conspirators' claims that their prior statements implicating themselves and petitioner were obtained under duress are not contradictory, but explanatory, because they go to the competence of the government’s evidence, and may therefore be considered by the extradition court; and 2) the court can not resolve on the record before it whether, assuming arguendo that the co-conspirators' confessions must be excluded, there is sufficient evidence of probable cause to affirm.
Appellate Information
- Decided
- Published 2016/07/29
Judges
- BYBEE
Court
- United States Ninth Circuit