holding that “[tjhe FARR Act of 1998 did not limit habeas corpus review” because “[ajny limitation of federal habeas corpus must be by express command” and FARRA makes “no mention of habeas corpus review” (internal citations and quotation marks omit ted)
How later courts described this case
- holding that “[tjhe FARR Act of 1998 did not limit habeas corpus review” because “[ajny limitation of federal habeas corpus must be by express command” and FARRA makes “no mention of habeas corpus review” (internal citations and quotation marks omit ted)
- holding that "[t]he FARR Act of 1998 did not limit habeas corpus review" because "[a]ny limitation of federal habeas corpus must be by express command" and FARRA makes "no mention of habeas corpus review" (internal citations and quotation marks omitted)
- concluding that “[t]he FARR Act does not preclude judicial review of the Secretary’s implementation of the Torture Convention” without discussing whether the relevant language from § 2242(d) constitutes such a preclusion
- affirming denial of a habeas petition challenging a certification of extraditability and commitment order under the Convention Against Torture on the ground that those claims are not ripe for judicial review until the Secretary of State determines that the accused will be surrendered to the requesting nation
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Hedelito Garcia v. Linda Thomas, 683 F.3d 952 (2012)
See, e.g., Cornejo-Barreto v. Seifert, 218 F.3d 1004, 1009 (9th Cir.2000), overruled on other grounds by Trinidad y Garcia v. Thomas, 683 F.3d 952, 957 (9th Cir.2012) (en banc); see also Zanazanian v. United States, 729 F.2d 624, 625-26 (9th Cir.1984) (describing the inquiry as “whether: [1] the extradition judge had jurisdiction to conduct proceedings; [2] the extradition court had jurisdiction over the fugitive; [3…
The opinion
KOZINSKI, Circuit Judge,
concurring:
I do not join Section III of the opinion, because the question of whether petitioner would be entitled to judicial review of an extradition decision by the Secretary of State is not before us. I would hold only that the district court does not have jurisdiction to review petitioner’s claim under the Torture Convention, because the FARR Act does not authorize judicial enforcement of the Convention, see Sandhu v. Burke, No. 97 Civ. 4608, 2000 WL 191707 , at *9 (S.D.N.Y. Feb. 10, 2000), and the Convention is not self-executing under the four-part test of Saipan v. United States Dep’t of Interior, 502 F.2d 90, 97 (9th Cir.1974). See Barapind v. Reno, 72 F.Supp.2d 1132, 1148-49 (E.D.Cal.1999); see also Sandhu, 2000 WL 191707 , at *10.