January 1997: Hodin Gutierrez Rico, a . Otros de los jvenes reclutados tambin fueron personificados en Narcos Mxico 3, por ejemplo Emilio Valdez Mainero, hijo de un guardia presidencial, quien conoci a Ramn Arellano en una . Connect with the definitive source for global and local news. When they reached Toluca, Valdez and Martinez stopped to make several telephone calls, at approximately 9:00 p.m. Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. Respondent's role is alleged to have included, among other things, the planning and carrying out of assassinations of people perceived to be enemies of the AFO, including rival drug traffickers and law enforcement officials. The precedent of the long line of cases discussed above, supports the proposition that the consideration of a "humanitarian exception" should be left to the Department of State where it rightly belongs. In the final analysis, this Court is required to look at the indicia of reliability with regard to the persuasiveness of this evidence. The law limits extradition to circumstances where the Treaty is in full force and effect. MATTER OF EXTRADITION OF MAINERO - leagle.com Chapo Guzman gave marijuana to Gallardo so that he could move it into the United States, but afterwards, Chapo Guzman sent the Federal Police after him. Based on case authorities Respondent's Motion in this regard is denied. The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States. The holding in Gallina, however, offers no support for Valdez' claim. He goes on to state that he signed it because he was subjected to psychological pressure and that it was a "lie". Appellant appealed the habeas corpus denial to the Second Circuit. 834 F.2d 1444, 1453. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. Los narcojuniors reales de Tijuana. Magistrate No. 1103. Alejandro, who is the brother of extraditee Alfredo Miguel hodoyan Palacios aka "Lobo",[28] stated that his brother told him that Valdez and Martinez had participated in the murder of Gallardo at the Holiday Inn Hotel in Toluca. These individuals left his home the following day for Mexico City in a light grey Spirit automobile. Quin es Kitty Pez, el narcojunior que interpreta Bad Bunny en Narcos In this regard, statements characterized as "recantations" were offered by Cruz, Soto and Hodoyan. Valdez also faces charges of arranging the sale of a kilogram of heroin to a fellow inmate through friends outside prison. Los narcos asesinan, se ren y despus se van a cenar Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). Alejandro's statement, at page 13, implicates Respondent[47] in the murder. The Federal Rules of Criminal Procedure and the Federal Rules of Evidence are not applicable in extradition proceedings. The recantations are little more than self-serving declarations at the time of "arraignment" on the charges based upon the statements given to the federal prosecutor. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. 96-1798-M. United States District Court, S.D. During the drive, Contreras told Cruz that, "his friends in the white Volkswagen wanted to say hello to a fellow citizen who was in Toluca to train for boxing." Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. No. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. This assertion relates specifically to the supplemental filing of evidence regarding the first degree murder charge on January 14, 1997 and the weapons charge related to the events and circumstances of April 9, 1996. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Valdez told Contreras, "Wait for me here and when you see us leave the parking lot in the white Volkswagen, make a wall so that we won't be followed". In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. See footnote 10. Criminal activity is defined as those who agree to or plan the crime, commit the crime themselves and/or commit the crime jointly with others (Article 13, Sections 1 through 3, inclusive). Ante una posible enfermedad terminal, Benjamn Arellano Flix pretende obtener una liberacin humanitaria, y no pagar la pena de 25 aos de prisin en Estados Unidos. In the Matter of the Extradition of Contreras,800 F. Supp. [28] See, IN THE MATTER OF THE EXTRADITION OF ALFREDO HODOYAN PALACIOS, U.S.D.C. Emilio Valdez - Phone, Address, Background info | Whitepages Si te preguntas quines son en la vida real los llamados narcojuniors de Narcos Mxico, serie de Netflix, se trata de al menos tres de los jvenes de familias acomodadas en Tijuana, Baja California, que se involucraron en temas de drogas y en especial con el Crtel de los Arellano Flix.Entre ellos, El Kitty Arturo Everardo Pez y los hermanos Hodoyan. When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.". denied, 494 U.S. 1017, 110 S. Ct. 1321, 108 L. Ed. 563, 572 *1219 (S.D.N.Y. Ultimately, Article 9 of the Treaty invests the "executive authority" with the final discretion.[17]. Everardo Pez, also known as "El Kitty", was not a person of money, but under the tutelage of Ramn Arellano Flix, he dedicated himself, together with the narco juniors, to cross drugs into the United States without raising suspicions due to his economic status. De acuerdo con un artculo del periodista Jess Blancornelas, publicado en 2002 . [17] Article 9(1) provides in pertinent part, "the executive authority of the requested party shall have the power to deliver them up if, in its discretion, it is deemed proper to do so". Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. The court, for reasons explained below, grants the petition, finding the detainee extraditable. Article 11, Paragraph 3, provides that the provisional arrest "shall be terminated" if the United States does not receive the formal request for extradition and the necessary documents specified in Article 10 within 60 days after the detainee's apprehension. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. Todo lo que debes saber sobre los narcojuniors de "Narcos Mxico The certified documents included diplomatic note 001831 dated November 25, 1996 from the Embassy of Mexico formally requesting the extradition of Respondent on the firearms and conspiracy charges. The United States filed certified documents in support of the extradition request at various times, the first of which was on December 4, 1996. We will gather for a memorial service and viewing at 6:00 p.m. Friday, September 6, 2019 followed by a visitation at Lake Ridge Chapel and Memorial Designers. The physical description of Emilio Valdez Mainero, "El C.P." or "Cabeza de Perro," is the following: 30 years old, 1.77 or 1.76 meters, heavy build, white skin, short straight hair which . Miranda added that the motivation for assassination was that Gallardo had threatened Gabriel Valdez Mainero (Emilio Valdez Mainero's brother) with a firearm.[26]. These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. Mr. Valdez became a top operative in the organization, arranging drug . Valdez was a 2016 graduate of Warren Mott High School who had moved to Pontiac. Matter of Extradition of Koskotas, 127 F.R.D. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. emilio valdez mainero. 934 (D.Mass.1996). Finally, Valdez offers that Cruz, Soto, Alejandro and Vasquez[32] were subjected to torture, *1222 and were under duress at the time of the "alleged" statements. 1136 (1916). [45] The thought of testimony coerced by torture is certainly abhorrent and inconsistent with tenets of our society. Respondent also challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. Respondent was afforded due process with a full opportunity to review and respond to the supplemental materials. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. [41] All of these individuals are described as "prisoners" in the statement. Respondent also cites Title 18 U.S.C. 1983). United States v. Valdez-Mainero | CASE NO. 97cr1798 JM - Casemine They are: (1) The Statement of October 12, 1996 at 1:00 a.m. in Mexico City; and. 28). "El Lobo" tambin fue capturado en los Estados Unidos junto con el tijuanense Emilio Valdez Mainero "El Radioloco", ambos extraditados a Mxico en enero de 1998 y tambin remitidos a Almoloya de Jurez. Estudiaban en colegios particulares, eran de familias acomodadas y los deslumbr el estilo de vida del "Mon", uno de los lderes del crtel de Tijuana. Collins v. Loisel,259 U.S. 309, 317, 42 S. Ct. 469, 66 L. Ed. The notes are identified by Augustin Hodoyan, Alejandro's brother. Cruz describes his mistreatment and torture at the hands of the Mexican authorities. 1101(d) (3); and Fed. E. Alejandro Enrique Hodoyan Palacios On November 30, 1996, Alejandro Enrique Hodoyan Palacios (hereinafter "Alejandro") gave a deposition at the office of the Attorney General of the United States of Mexico. This is defined as an individual who is a member of a group or gang of three or more persons whose purpose is to carry out criminal activity (Article 164). BATTAGLIA, District Judge. Gill v. Imundi,747 F. Supp. He later was charged with several murders, including Ibarras. [16] Further, it is not the responsibility of this Court to assess the probability that the requesting party will be able to secure a conviction. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. Elias v. Ramirez,215 U.S. 398, 30 S. Ct. 131, 54 L. Ed. ("Cruz") In his October 12, 1996 statement, Cruz declared before an agent of the Mexican Federal Public Prosecutor that Valdez, Martinez and, Fabian Partiday, aka "Domingo," described to him crimes that they had committed, the firearms they used to commit the crimes, and the numerous cities in Mexico, in which they had committed crimes in furtherance of the goals of the AFO. At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. 5.1 is denied. Twenty-eight days after he took office, Ibarra, along with two government agents and a taxi driver, was gunned down in a cab outside Mexico Citys airport. United States v. Taitz, 130 F.R.D. Specifically, the Court ordered the United States to file copies of videotapes of Alejandro Hodoyan's deposition; evidence including Respondent's statements regarding the circumstances surrounding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 declaration by Alejandro Hodoyan;[5] and, all statements, recordings, transcriptions and memoranda of interviews by the assistant U.S. Attorney and federal agents of Alejandro Hodoyan. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. Miranda's statement was given to an officer of this Court. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. Cruz declared that in April 1996, he received a message from Martinez instructing him to meet at the Glorieta del Angel at 6:00 p.m. At that location, Cruz met with Valdez, Martinez and Contreras. 50). Most of the cocaine entering the United States comes from Mexico, and most of it passes through the Arellanos undisputed turf _ Baja California, according to the Drug Enforcement Administration. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. [37] Respondent criticizes Mexico for not filing this set of documents. In Matter of Extradition of Pazienza,619 F. Supp. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. Where a prior statement is shown to be coerced and the indicia of reliability is on the recantation, then the subsequent statement negating the existence of probable cause is germane in an extradition proceeding. This site is protected by reCAPTCHA and the Google, Southern District of California US Federal District Court. Los narcojuniors reales de la serie 'Narcos Mxico 3' denied, 364 U.S. 851, 81 S. Ct. 97, 5 L. Ed. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. In response to this evidence, Valdez offers statements of Gabriel Valdez, Marci Ramirez Marin de Gonzalez and Eva Marin viuda de Pena. The purported March 3, 1997 declaration of Alejandro is false and its manner of production and presentation erode any potential reliability. The . denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. Simmons v. Braun, 627 F.2d 635, 636 (2d Cir.1980). [11] More fully identified as the "Criminal Code in local matters and for all the Republic in federal matters.". The "recantations" from Cruz and Soto are in the form of testimony before a judge of the First District of Federal Criminal Proceedings in the State of Mexico. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. Buscar. Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 Mexico also cites the medical examination of Soto following the September 27, 1996 statements concluding that there were no traces of any recent physical wounds. Este es el miembro del Crtel Tijuana que interpreta Bad Bunny en See footnote 25. The suggestion of torture is certainly present in the record. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. In that statement, Cruz was noted to have suffered multiple burns which were attributed to an incident several days before when he was inspecting the exhaust pipe of a vehicle. An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. In fact, the prevailing authorities are clear that: The decision to honor a request for extradition is "political", not "judicial". There is no legal support for a judicially created "humanitarian exception" in an extradition proceeding. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. Matter of Extradition of Mainero, 950 F. Supp. 290 (S.D. Cal. 1996) Pursuant to an extradition treaty between Mexico and the United States, Treaty 31 UST 5059, TIAS 9656 ("Treaty"), and under federal laws supplementing and implementing such treaties, 18 U.S.C. QUIERE LIBERTAD, DEBE VIDAS. Finally, the United States submits evidence in the form of statements attributed to Respondent related to the disappearance and murder of Alejandro by the AFO and the organizations efforts to effect a recantation of Alejandro's November 30, 1996 deposition. Valdez moved the Court for release under the special circumstances doctrine. 1462, 1469 (S.D.Tex.1992). These individuals returned to Mr. Vasquez' home in April of 1996 and stated that they were running from the authorities because they had committed a homicide in Mexico City. The document is not authenticated. The Miranda statement provides competent evidence to support a finding of probable cause that Valdez was involved in the Gallardo and Sanchez murders of April 9, 1996. This document is submitted to be from the files in the prosecution of General Gutierrez Rebollo, by the Republic of Mexico, in Mexico. *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . "Lobo" Hodoyn obtiene libertad - Semanario ZETA [15] The later supplementation of the record and the supplementation of Mexico's request for extradition, with additional charges, are not inconsistent with the Treaty or its provisions. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") [1] is accused by Mexico of having been involved with or committing various crimes in violation of . La pequea y poco conocida . In the statement to the judge, with the assistance of counsel, Cruz was asked by the Court if he desired to make a statement concerning the facts that are attributed to him in the subject statement. 956 (1922). In Emami v. United States, 834 F.2d 1444 (9th Cir.1987), Emami contended that Germany had presented no competent evidence upon which the district court could make a finding of extraditability because Germany relied on facts which prosecutor Keller related in his affidavit which consisted solely of inadmissible hearsay statements made by Emami's former patients and employees. He stated that Valdez and Martinez used a white colored vehicle and that they used another car for protection. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando an existan. You're all set! Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. De recuperar la libertad, en Mxico le esperan una sentencia de 22 aos de crcel por narcotrfico . While Ruiz provides no direct account of any torture, this information supports a finding that Alejandro was "in custody"[43] along with others and supports an argument that extended detention was involved in the handling of the witnesses by Mexico. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. These issues were analyzed under that premise. Quines son los narcojuniors reales de Narcos Mxico 3? Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge [38] Specifically, Cruz was charged with homicide and Soto was charged with possession of various *1224 weapons, and a narcotics related offense (possession of marijuana). [42] See RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION IN SUPPORT OF EXTRADITION (Docket No. Recanting statements are relevant in these proceedings as they affect probable cause. But the deal fell apart when the other inmate couldn't pay the promised . In the supplemental request for extradition filed in January, 1997, the facts supporting the firearms offense were related to the first degree murder of Mr. Gallardo and Mr. Sanchez alleged to have occurred on or about April 9, 1996. The videotaped deposition of Alejandro is the only credible evidence to demonstrate the circumstances under which Mexico's evidence was collected.