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H.B. v. Still

United States District Court, N.D. California

April 5, 2018

H. B. (A Juvenile), A2024, Petitioner,
v.
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

         I.

         Petitioner, 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.

         II.

         On 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.

         On 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.

         On June 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.

         On 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.

         On 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 bond.

         On October 26, 2017, petitioner was arrested on the Arizona bench warrant in Oakland, California. Petitioner refused to waive extradition proceedings.

         On 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.

         On 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) at 2.

         III.

         Article 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 ...


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