United States District Court, N.D. California
H. B. (A Juvenile), A2024, Petitioner,
WENDY STILL, Chief Probation Officer, Respondent.
ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS
AND A CERTIFICATE OF APPEALABILITY
CHARLES R BREYER, United States District Judge
a juvenile in the custody of the Alameda County Probation
Department's Juvenile Justice Center, seeks a writ of
habeas corpus under 28 U.S.C. § 2241 invalidating
extradition proceedings to have him returned to Arizona. For
the reasons set forth below, the petition for a writ of
habeas corpus will be denied.
November 25, 2015, petitioner was charged as an adult in
Cochise County Superior Court, Arizona, with three counts of
arson of an occupied structure, two counts of aggravated
assault, and two counts of reckless endangerment.
March 14, 2016, petitioner entered a plea agreement in which
he agreed to plead guilty to an amended count of attempted
arson of an occupied structure in exchange for dismissal of
all other counts in the indictment. As part of the plea
agreement, petitioner agreed to execute a waiver of
extradition in the event probation was granted but violated,
and revocation proceedings were initiated.
29, 2016, the superior court sentenced petitioner to
probation for five years and to deferred incarceration in
county jail for 30 days. As a condition of probation,
petitioner agreed to obtain prior approval from the probation
department before changing his residence.
September 6, 2017, the probation department filed a petition
to revoke petitioner's probation in Cochise County
Superior Court, citing petitioner's violation of the
probation condition requiring him to obtain prior approval
before changing his residence. The petition alleged that on
or about September 3, 2017, petitioner changed his residence
without permission and that his current whereabouts were
unknown. The petition asked that the court issue a warrant
for petitioner's arrest.
September 7, 2017, the court ordered that a bench warrant be
issued for petitioner's arrest and that the warrant be
placed in the National Crime Information Center (NCIC)
database. That same day, the court issued a bench warrant for
petitioner's arrest and ordered that he be held without
October 26, 2017, petitioner was arrested on the Arizona
bench warrant in Oakland, California. Petitioner refused to
waive extradition proceedings.
March 1, 2018, the Governor of Arizona officially requested
that the Governor of California “apprehend and
deliver” petitioner to the Sheriff of Cochise County,
and/or designees, “to receive and convey the said
fugitive to the State of Arizona to be dealt with according
to law.” Answer Ex. 2 (ECF No. 17-3) at 2.
March 12, 2018, the Governor of California issued a
“Governor's Warrant of Rendition” commanding
California sheriffs and peace officers to extradite
petitioner back to Arizona. Id. Ex. 3(ECF No. 17-4)
IV of the United States Constitution provides that “[a]
person charged in any State with Treason, Felony, or other
Crime, who shall flee from Justice, and be found in another
State, shall on Demand of the executive Authority of the
State from which he fled, be delivered up, to be removed to
the State having Jurisdiction of the Crime.” U.S.
Const. art. IV, § 2, cl. 2. The Extradition Act, 18
U.S.C. § 3182, provides the ...