UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
May 3, 2011
IN THE MATTER OF THE EXTRADITION OF J. JESUS VARGAS ALEJOS, A FUGITIVE FROM THE GOVERNMENT OF MEXICO.
The opinion of the court was delivered by: The Honorable Patrick J. Walsh United States District Judge
[PROPOSED] ORDER FINDING FUGITIVE EXTRADITABLE ORDER STAYED UNTIL MAY 11, 2011
The Court received a Complaint in this matter filed on November 3, 2010, by Joshua M. Robbins, Assistant United States Attorney ("AUSA") for the Central District of California, acting on behalf of the Government of Mexico, pursuant to its request for the extradition of J. Jesus Vargas Alejos (the "fugitive"). The Court also received a Request for Extradition filed on January 12, 2011 by AUSA Robbins.
On April 27, 2011, the Court conducted an extradition hearing at which the authenticated documents submitted by the Government of Mexico were received in evidence; official copies of several additional documents were submitted and received in evidence on May 2, 2011. The fugitive appeared with counsel and offered a number of documents, including declarations from the fugitive himself, as well as his counsel and investigator. The Court has carefully reviewed the evidence, including the Declarations of various attorneys in the Office of the Legal Adviser, Department of State, and had opportunity to observe the fugitive's physical characteristics as compared with the evidence of identification before the Court.
The Court finds that:
1. the undersigned judicial officer is authorized under Title 18, United States Code, Section 3184, to conduct an extradition hearing;
2. the Court has personal jurisdiction over the fugitive and subject matter jurisdiction over the case;
3. there is currently in force an extradition treaty between the United States and Mexico;
4. the fugitive has been charged in the requesting state with fraud;
5. these charges constitute extraditable offenses within the meaning of 31 U.S.T. 5059, Article 2, paragraph 1; and
6. the requesting state seeks the extradition of the fugitive for trial for these offenses.
Based on the evidence submitted by the requesting country, and for the reasons set forth on the record at the extradition hearing on April 27, 2011, the Court finds that there is probable cause to believe that J. Jesus Vargas Alejos, the fugitive and the same person who is before this court, committed the offense for which his extradition is sought.
After considering the evidence submitted by the requesting country, the Court credits the following evidence regarding probable cause: the sworn declarations provided by victims of the charged fraud; the "liability letters" that the fugitive provided to those victims; the accounting statements and additional letters submitted by the Government of Mexico; and the sworn declarations and supporting documents submitted by the Government of Mexico regarding the identification of the fugitive as the individual who committed the charged offense.
In addition, based on the evidence submitted by the requesting country, and for the reasons set forth on the record at the extradition hearing on April 27, 2011, the Court finds that the prosecution and enforcement of the penalty for the offense for which extradition is sought has not become barred by lack of time under the law of either the United States or Mexico.
After considering the evidence submitted by the requesting country, the Court credits the following evidence regarding the statute of limitations: the statements from the Michoacon criminal court dated January 13, 2010 and November 16, 2010; the sworn affidavit, dated April 12, 2011, from Graciela Lopez Cruz of the Mexican Attorney General's Office; the letter dated May 20, 2003 from Miguel Angel Arellano Pulido of the Michoacon Attorney General's Office; the letter dated January 4, 2010 from Luis Francisco Lopez Ramirez of the Morelia Attorney General's Office; the letter dated December 18, 2009 from Tisbe Cazares Mejia of the Mexican Attorney General's Office; and the letter dated April 11, 2011 from Luis Francisco Lopez Ramirez of the Michoacon Attorney General's Office.
Based on the foregoing findings, the Court concludes that the fugitive is extraditable for the offense for which extradition was requested, and hereby certifies this finding to the Secretary of State as required under Title 18, United States Code, Section 3184.
IT IS THEREFORE ORDERED that a certified copy of this Certification of Extraditability and Order of Commitment be forwarded without delay by the Clerk of the Court to the Department of State, to the attention of the Office of the Legal Adviser;
AND IT IS FURTHER ORDERED that the fugitive be committed to the custody of the United States Marshal for this District pending final disposition of this matter by the Secretary of State and surrender to designated agents of the Government of Mexico.
This order is stayed until May 11, 2011, to allow the fugitive to file an appeal.
Presented by: /s/ JOSHUA M. ROBBINS Assistant United States Attorney
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