Emergency Application — Masahide Kanayama, Applicant v. Scott Kowal, Chief of U.S. Pretrial Services SDNY

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NO. __________

___________________________________

IN THE

SUPREME COURT OF THE UNITED STATES

____________________________________

MASAHIDE KANAYAMA,

Petitioner,

vs.

SCOTT KOWAL, CHIEF OF U.S. PRE-TRIAL SERVICES SDNY,

Respondent.

__________

Emergency Motion for Stay of Extradition: Appendix

___________

Walter Roesch, Esq.

Attorneys for Petitioner

Law Offices of Robert Tsigler

299 Broadway Ste 1400

New York, New York 10007

(718) 878-3781

TABLE OF CONTENTS

Petitioner’s Habeas Corpus Petition…………………………………………………….….. App. 1

District Court Order Certifying Extradition………………………………………………. App. 14

District Court Denial of Emergency Motion to Stay Extradition ……………………….... App. 26

District Court Denial of Emergency Motion to Stay Extradition Pending Appeal……..… App. 35

State Department Affidavit………………………………………………………………... App. 36

Hyuk Kee Yoo v. United States, No. 20-cv-6161,

2021 U.S. Dist. LEXIS 222067 (S.D.N.Y. Nov. 17, 2021) …………………...……….…. App. 38

Court of Appeals Denial of Administrative Stay of Extradition……………………..…… App. 41

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IN THE MATTER OF THE EXTRADITION

OF MASAHIDE KANA YAMA

ORDER

---

Ramos, DJ.:

The Government of Japan formally requested the extradition of Masahide Kanayama, a

Japanese national living in New York, on December 12, 2016, through a diplomatic note (the

"Extradition Request") in connection to two incidents of vandalism at two historic and culturally

significant sites in Japan: the Narita-san Shinsho-ji Temple and Katori Jingu Shrine. GX-2 at

21-29. 1 Before the Court is the motion of the United States Government for certification of the

Extradition Request. 2 For the reasons set forth below, the Government' s request is GRANTED.

I.

THE EXTRADITION REQUEST

On April 9, 2015 , Japanese police officials commenced an investigation into two reported

instances of vandalism that occurred on March 25 , 2015 at the Narita-san Shinsho-ji Temple in

Narita City (the "Temple") and the Katori Jingu Shrine in Katori City (the "Shrine"). Both the

Temple and the Shrine bear significant historical, religious, and cultural value. Founded in 940,

the Temple is a Buddhist place of worship that attracts approximately 10 million visitors each

year. Supp. at Ex. 3. The Shrine was founded during the reign of Japan ' s first emperor and is

1

Citations to " GX" documents refer to the government exhibits filed with the Court in advance of the December 6,

2022 extradition hearing. Citations to " Gov. Supp." refer to the supplemental exhibits filed with the Court in

response to Kanayama' s opposition memorandum.

2

In accordance with Article XIV of the March 3, 1978 Treaty on Extradition between Japan and the United States

(the "Treaty" ), the United States provides Japan legal representation in U.S. courts in Japan' s extradition requests.

See GX-1 at 15 .

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one of the few remaining Shinto places of worship connected with the Japanese Imperial Family;

it attracts approximately two million worshippers per year. Id. at Ex. 4.

On March 25, 2015 , at approximately 4:06 p.m., surveillance cameras installed at the

Temple filmed a man suspiciously roaming the premises and touching three wooden poles on the

east side of the So-mon (the "Main Gate"). Id. at 52, 62. The man had black, thinning hair and

wore the following: a gray jacket; black, hooded, long-sleeved windbreaker; white, collared

undershirt; dark blue jeans; and black shoes. Id. Security footage did not show any other

persons touching the wooden poles in this timeframe. Id. Photographs taken of the Main Gate

by a tourist at approximately 2:24 p.m. showed the cite free of oil stains; another taken by an

employee of the Temple at 4:07 p.m. showed poles on the east side of the Main Gate defaced

with an oily substance.3 Id. at 62-64.

That same day-at 4:57 p.m., approximately 51 minutes later-surveillance cameras

installed at the Shrine filmed a man dressed in the same clothes, with similar physical

characteristics, touching the right and left wooden poles of the Hoden (the "Main Hall") and

splashing liquid on an offertory box, the wooden stairs in front of it, and adjacent poles.4 Id. at

26-27, 52. Japanese officials reviewed the security footage from both locations and concluded

that the same person appeared to have committed both acts of vandalism . Id. at 52.

After conducting simulation tests for three different routes from the Temple to the Shrine,

which are located approximately 17 miles apart, the police investigators concluded that it was

possible for the same person to commit the offenses at both locations during the 51-minute

3

In 2017, a restoration company specializing in the restoration of temples and shrines, estimated that the cost to

restore the Temple would total 120,500 yen . 120,500 yen converts to approximately $932 U.S. currency. GX-3 at

299--304.

4

In 2017, a restoration company specializing in the restoration of temples and shrines, estimated that the cost to

restore the Shrine would total 2,423 ,248 yen . 2,423,248 yen converts to approximately $18,747 U.S. currency. id.

at 305-310 .

2

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timeframe using a car. Id. at 53. Based on the characteristics of the suspect captured by the

security cameras at the Temple and Shrine, investigators reviewed footage recorded by a security

camera installed at the Sawara-Katori Tollgate-an expressway tollgate near the Shrine. Id. The

investigation revealed that a man resembling the suspect, who drove a gray Toyota Prius, paid

the toll on March 25, 2015 at 4:41 p.m., approximately 35 minutes after the Temple was defaced,

and 15 minutes before the Shrine was defaced. Id. At that point, the investigators did not know

the license plate number of the car. Id.

The authorities thereafter obtained and examined 36 expressway tickets collected at the

Sawara-Katori Tollgate around 4:41 p.m. Id. Their review of the expressway ticket issued to the

gray Prius revealed that the vehicle had a license plate number ending in " 14" and that the driver

first collected the ticket when passing through the Narita Tollgate-an expressway tollgate

located near the Temple-at 4:30 p.m,. approximately twenty minutes after the Temple was

defaced. Id. The officials then examined images captured by a security camera at the Narita

Tollgate and identified a person resembling the suspect driving a gray Prius through the gate at

4:30 p.m. Id. at 53-54.

In furtherance of their investigation into the gray Prius, the investigators made inquiries

with car rental companies in the vicinity of the Narita International Airport and ultimately

identified a gray Prius with the license plate number "Narita300Wa414." Id. at 54. Upon

reviewing the records of the rental company, the police learned that an individual named

Masahide Kanayama rented the vehicle from 2:30 p.m. on March 25 to 9:30 a.m. on March 26,

2015. Id. at 54. To obtain the rental car, Kanayama provided the agency a copy of his Japanese

passport. Id. at 54-55. The investigators determined that the man in the passport photo

resembled the suspect shown in the surveillance footage at the Temple and Shrine. Id. at 55.

3

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To pay for the rental car, Kanayama used an American Express card. Id. at 57. After

contacting the credit card company and obtaining the billing records, the investigators further

found that from March 21 to April 7, 2015, Kanayama made 24 purchases across seven Japanese

prefectures, including the prefectures where the Temple and Shrine are located. Id.

The Japanese officials thereafter contacted hotels located near the Shrine to see if

Kanayama stayed at one overnight on March 25, 2015. A register of the Spa & Resort Inubosaki

Taiyonosato, revealed that Kanayama checked into the hotel on March 25, 2015 at 6:47 p.m. Id.

Security cameras at the hotel also captured video of a man checking into the hotel at 6:47 p.m.

who looked similar to the suspect recorded at the Temple and Shrine. Id. The hotel's employees

further confirmed that Kanayama's car was a gray Toyota Prius. Id.

The Japanese authorities, working with the Customer Service Department of the Narita

International Airport, also procured Kanayama's flight records for the relevant period. Id. at 56.

The records showed that Kanayama departed John F. Kennedy International Airport in New

York on March 20, 2016 and entered Japan via the Narita International Airport on March 21,

2015. Id. at 56. On April 1, 2015 , Kanayama departed Japan through Narita Airport and arrived

in Delhi, India that same day. Id. He departed India on April 7, 2015 , had a brief layover at the

Narita Airport, and then returned to the United States. Id.

The investigators further retained Professor Masatsugu Hashimoto of Tokyo Dental

College to perform a facial comparison between Kanayama's passport photo and the suspect's

images taken by the security cameras at the Temple and Shrine. Id. at 233-253. Examining,

among other things, facial and morphologic features , Hashimoto concluded in an April 25 , 2015

report that there was a "very high possibility" that the individual depicted in the footage obtained

from the Narita Temple and Katori Shrine and in Kanayama's passport were the same person.

4

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Id. Hashimoto also observed that the colors of the suspect' s jacket, shirt, pants, and shoes in the

Narita Temple footage were identical to those captured in the video surveillance from the Katori

Shrine. See id.

Online investigation into Kanayama showed that he lived in New York, where he worked

as a board-certified obstetrician-gynecologist, but that he was permanently domiciled in Tokyo,

Japan. Id. at 55-56. Kanayama regularly traveled from the United States to Japan and other

countries, giving lectures and engaging in missionary activities through the Christian non-profit

organization that he founded , the International Marketplace Ministry ("IMM"). Id. at 28, 55-56.

Two Y ouTube videos posted on IMMs website feature Kanayama presenting lectures on

November 3 and December 31 , 2012, wherein he admits to having "anointed" other Japanese

shrines with oil for religious purposes. See id. at Exs. 17-19.

In connection with the March 25 , 2015 acts of vandalism, on April 28, 2015 and

December 8, 2015 , the Sakura Summary Court issued arrest warrants for Kanayama for two

counts of damage of a structure in violation of Article 260 of the Japanese Penal Code, an

offense punishable by more than one year in prison. The warrants have since been renewed on a

yearly basis. Id. at 26; see also 2022 Warrant Renewals.

According to the General Affairs Section Chief of the Temple, as of October 18, 2017,

the oil on the three east poles of the Main Gate of the Temple has been absorbed by the

unvarnished wood. The stains, however, remain visible but are less prominent than at the time

the vandalism occurred. See Supp. at Ex. 3. Similarly, as of November 17, 2017, the oil stains

on the poles, stairs, and offertory box of the Shrine have faded but can still be seen at close

range. See id. at Exs. 4, 6, 8.

II.

PROCEDURAL HISTORY

5

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On December 12, 2016, the Government of Japan formally requested the extradition of

Masahide Kanayama. See GX-2 at 21-29. On May 30, 2017, the United States filed a complaint

for the extradition of Kanayama at the request of the Government of Japan pursuant to the Treaty

on Extradition Between the United States and Japan, U.S.-Japan, Mar. 26, 1980, 31 U.S.T. 892

(the "Treaty"). On June 2, 2017, U.S. authorities arrested Kanayama in New York City. He is

currently released with bail conditions. See Memo in Support at 6, n. 2. On August 17, 2022,

the Government filed notice of its intention to move to certify the extraditability of Kanayama,

pursuant to 18 U.S.C. § 3184, which is currently before the Court. On December 6, 2022, the

Court held an extradition hearing.

III.

GENERAL PRINCIPLES OF EXTRADITION

Upon the filing of a formal complaint, the federal extradition statute allows an extradition

officer-who can be any judge of the United States-to hear and consider the "evidence of

criminality" of an accused individual. 18 U .S.C. § 3184; see Skaftouros v. United States, 667

F.3d 144, 154 (2d Cir. 2011). The presiding Court must also hold personal jurisdiction over the

accused person. Pettit v. Walshe, 194 U.S. 205, 219 (1904). The role of the judicial officer is

limited to determining whether to certify to the U.S. Secretary of State that the accused person is

extraditable. 18 U.S.C. § 3184. The judicial officer must certify extraditability if he finds the

following to be true: (1) a valid treaty exists; (2) the crime charged is covered by the relevant

treaty; and (3) the evidence marshaled in support of the complaint for extradition is sufficient to

sustain the charge. Id.; see Skaftouros, 667 F.3d at 154-55 (citing Cheung v. United States, 213

F.3d 82, 88 (2d Cir. 2000)). This analysis is exceedingly narrow; the court does not decide guilt

or innocence, as that question is reserved for the foreign court. See In re Extradition of Ernst,

No. 97 Crim. Misc. 1, 1998 WL 395267, at *4 (S.D.N.Y. July 14, 1998).

6

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As to the second element, in deciding whether a treaty covers the crime charged, the

presiding court should liberally construe the treaty. See Factor v. Laubenheimer, 290 U.S. 276,

298 (1933) (An extradition treaty "should be construed more liberally than a criminal statute or

the technical requirements of criminal procedure."). Moreover, the court should award "great

weight" to "the meaning attributed to treaty provisions by the Government agencies charged with

their negotiation and enforcement." Sumitomo Shoji America, Inc. v. Avagliano, 457 U.S. 176,

184-85 (1982).

As to the third element, evidence in support of extradition is "sufficient" so long as the

court finds probable cause. Illinois v. Gates, 462 U.S. 213, 235 (1983) (A § 3184 motion to

extradite must establish " only the probability, and not a prima facie showing, of criminal

activity."); see also Lo Duca v. United States, 93 F.3d 1100, 1102-04 (2d Cir. 1996). In

determining probable cause, courts primarily rely on the extradition request. Ahmad v. Wigen,

726 F. Supp. 389, 399-400 (E.D.N.Y. 1989) (citation omitted), afj'd, 910 F.2d 1063 (2d Cir.

1990). A court must further "accept as true all of the statements and offers of proof by the

demanding state[.]" In re Extradition of Marzook, 924 F. Supp. 565, 592 (S.D.N .Y. 1996); see

also In re Extradition ofAtta, 706 F. Supp. 1032, 1050-51 (E.D.N.Y. 1989)("The primary

source of evidence for the probable cause determination is the extradition request, and any

evidence submitted in it is deemed truthful for the purposes of this determination.") . And the

Government may rely upon hearsay evidence. 18 U .S.C. § 3184.

At an extradition hearing, the accused individual is not entitled to the rights available to a

defendant at criminal trial pursuant to the Federal Rules of Criminal Procedure or Federal Rules

of Evidence. See Fed. R. Crim. P. l(a)(5); Fed. R. Evid. 110l(d)(3). Additionally, the accused

person has no right to discovery, to cross-examine witnesses, or to speedy trial. Messina v.

7

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United States, 728 F.2d 77, 80 (2d Cir. 1984). "Evidence that explains away or completely

obliterates probable cause is the only evidence admissible at an extradition hearing[.]" United

States v. Amabile, No. 14 M 1043 (VMS), 2015 WL 4478466, at *8 (E.D.N.Y. July 16, 2015) .

Evidence that merely raises doubts about the reliability of the government's proof is insufficient

to defeat an extradition request." United States v. Pena-Bencosme, 2006 U.S. Dist. LEXIS

82579, *35 (E.D.N.Y. Oct. 30, 2007).

If a judicial officer certifies that an accused person is extraditable, he must commit the

individual to the custody of the United States Marshal to await further determination by the

Secretary regarding his surrender to the requesting state. Cheung, 213 F .3d at 88 (citing 18

U.S.C. § 3184). This Order constitutes the written findings of fact and conclusions of law as to

the extraditability of Kanayama.

IV.

DISCUSSION

This Case is Properly Before This Court.

As a preliminary matter, the extradition statute authorizes this Court to preside over this

matter as a court of the United States. 18 U.S.C. § 3184. Furthermore, this Court has

jurisdiction over Kanayama, as he was located and arrested in the Southern District of New

York.

A Treaty in Effect Encompasses the Alleged Crimes.

Section 3184 provides for extradition when a treaty is in force between the requesting

state and the United States. Id. Courts generally defer to the executive branch on whether a

treaty is in force. See NY Chinese TV Programs, Inc. v. UE. Enterprises Inc., 954 F.2 847, 852

(2d Cir. 1992). Here, the Government has submitted the declaration of Elizabeth M. M.

8

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O'Connor, an attorney in the Office of the Legal Advisor for the Department of State, attesting to

the fact the Treaty between Japan and the United States is in full force and effect. GX-1 at 2.

The Treaty allows extradition for offenses relating to the damage of property, so long as

the offense would constitute a crime in both Japan and the United States, and is a felony, i.e. ,

punishable by more than one year of imprisonment. See id. at 8, Art. II~ 1; 17, App'x Sched.

19. Kanayama has been charged in Japan with two counts of damage or destruction of structure

(vandalism) in violation of Article 260 of the Japanese Penal Code. See GX-1 at Ex. 20,

Testimony of Director of the Criminal Affairs Burau of the Ministry of Justice of Japan. Under

Japanese law, violating Article 260 is an offense relating to the damage of property punishable

by more than one year in prison. Id. Accordingly, with respect to Japanese law, the alleged

crimes fall within the scope of the Treaty. 5

The next question is whether the alleged conduct would constitute a felony in the United

States or New York. See Hu Yau-Leung v. Soscia, 649 F.2d 914, 918 n.4 (2d Cir. 1981) (noting

that dual criminality is established if the conduct underlying the foreign offense would be

criminal under federal law, the law of the state in which the extradition hearing is held, or the

5

Kanayama claims that the Government has failed to demonstrate that the acts of vandalism occurred to a structure

as defined by Japanese law, since merely poles, stairs, and an offertory box were damaged. With respect to the

Temple, the Government of Japan asserts that poles of the Main Gate constitute buildings within the meaning of

Article 260 since they are part of a grounded two-story building and create interior space enforced by walls into

which individuals can enter and exit. See Supp. Ex. 1. With respect to the Katori Shrine, the Government of Japan

similarly contends that the damaged stairs and offertory box qualify as objects under Article 260 because they are

part of the structure with a roof, supported by walls and poles, fixed to the ground, and with an interior space into

which individuals can enter and exit. See Supp. Ex. 2. The Court defers to the Japanese Government's

interpretation of Article 260. See Skaftouros, 667 F.3d at 156 ("[I]t has long been recognized that an extradition

judge should avoid making determinations regarding foreign law. "); see also Marzook v. Christopher, No. 96 Civ.

4107 (KMW), 1996 WL 583378, at *5 n. 4 (S.D.N.Y. Oct. 10, 1996) ("In the context of extradition proceedings, it

would be inappropriate for a court to review the demanding state's analysis of its own law.").

Kanayama also claims that no "damage" occurred as a matter of Japanese law. Again, the Government of Japan has

explained that total damage or destruction to a building is not required in order to satisfy the damages element of

Article 260. Partial damage, like that perpetrated on March 25, 2015 against the Temple and Shrine, suffices. See

Supp. Exs. 1, 2. The Court, again, defers to the Japanese Government's interpretation of Japanese law for purposes

of the instant proceedings.

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law of a preponderance of the states). The alleged conduct, if committed here, would violate

New York Penal law§ 145.05, a felony . Section 145.05 criminalizes intentionally damaging the

property of another person in an amount exceeding $250 as criminal mischief in the third degree.

N.Y. Pen. Law§ 145.05. The total damages caused by the alleged vandalism amount to

approximately $20,000. And the video surveillance footage-which shows an individual

touching and gesturing towards the affected sites-would enable a reasonable trier of fact to

determine that the damage was done not by mistake, but with intent. Hence, the element of dual

criminality is satisfied. 6

Probable Cause is Established.

As noted, the standard of proof to find evidence "sufficient to sustain the charge"

pursuant to § 3184 is probable cause. See, e.g., Ahmad v. Wigen, 399-400. There is probable

cause to extradite if a person ordinarily prudence and caution can conscientiously entertain a

reasonable belief that the accused is guilty. Gerstein v. Pugh, 420 U.S. 103, 111 (1975). Here,

the evidence set forth by the Government that Katayama has committed the charged offense is

substantial.

The Government has produced video evidence obtained at both the Temple and Shrine,

showing the same man, bearing similar physical attributes as Kanayama, touching or throwing

6

Kanayama argues that the stains to both the Temple and the Shrine are no longer visible, and hence that no

punishable felony occurred. See Sur-Reply at 2-3; United States v. Murtari, No. 7 Cr. 387, 2007 WL 3046746, at

*4-5 (N.D.N.Y. Oct. 16, 2017) (finding that defacement by use of chalk does not constitute damage to property

because it eventually goes away). Kanayama bases this claim on photo evidence obtained from the Temple and

Shrine in December 2017, along with the testimony of his counsel, who took the photos. This evidence may call

into question the conclusions reached by the Japanese authorities who revisited the Temple and Shrine in October

2017 and determined that the stains were still visible. However, "the existence of evidence contradicting or calling

into question the requesting state' s primary evidence ordinarily has no import as it does not vitiate or obliterate

probable cause, but rather merely poses a conflict of credibility that generally should properly await trial " in the

requesting country. United States v. Pena-Bencosme, o. 08-1990-pr, 2009 WL 2030129, at *l (2d Cir. July 9,

2009) (internal quotation marks and citations omitted). Accordingly, Kanayama remains extraditable despite this

possibility.

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liquid towards the vandalized areas of the sites. The Government has also proffered car rental

records, video footage, and expressway toll tickets, which show that Kanayama entered an

expressway near the Temple approximately twenty minutes after the first act of vandalism

occurred and exited the expressway through a toll near the Shrine approximately fifteen minutes

before the second act of vandalism occurred. Working with Narita Airport, the Japanese

authorities were also able to determine the dates that Kanayama entered and left Japan, which are

consistent with the date the offenses occurred. Additionally, the Government has provided video

and documentary evidence that Kanayama checked into a hotel near the Shrine shortly after the

Shrine was defaced. A report by Professor Masatsugu Hashimoto of Tokyo Dental College

moreover supports the conclusion that the suspect depicted in the video footage at the Temple

and Shrine is indeed Kanayama. Japanese officials, furthermore, have identified YouTube

videos from 2012, in which Kanayama discusses having "anointed" Japanese Shrines with oil in

connection with his Christian non-profit work. Reports from as recent as fall 2017 show that the

damage to the Temple and Shrine is still visible and would cost approximately $20,000 to repair.

Kanayama has not set forth any evidence that "obliterates" or "explains away" a finding

of probable clause. Amabile, 2015 WL 4478466, at *8. Kanayama challenges the qualifications

of Professor Hashimoto to conclude that the person captured on the surveillance footage is

indeed Kanayama. However, even assuming that Kanayama raises some doubt as to the

conclusions of Professor Hashimoto, the evidence proffered by the Government, taken in its

entirety, nonetheless permits a person of ordinary prudence to entertain a reasonable belief that

Kanayama is guilty of the charged offenses. 7 Absent any other "reasonably clear-cut proof' to

7

At trial, the Court did not permit Kanayama to introduce his own expert testimony to rebut the testimony offered

by the Government by Professor Masatsugu Hashimoto. See Kapoor v. Dunne, No. 14 1699-pr, 606 Fed. Appx. 11 ,

at *13 (2d Cir. June 2, 2015); See also Gillv. Jmundi, 747 F. Supp. 1028, 1040-41 (S.D.N.Y. 1990) (The accused

individual introducing his own handwriting expe1t would not serve to "explain" or "obliterate" the government's

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negate the evidence offered by the Government, the Court concludes that there is probable cause

to extradite Kanayama for the vandalism charges. 8 In re Extradition of Sindona, 450 F. Supp. 672,

685 (S.D.N.Y. 1978) (emphasis added), ajfd, 619 F.2d 167 (2d Cir. 1980).

V.

CONCLUSION

Pursuant to the foregoing and in accordance with 18 U.S.C § 3184, the Court hereby

certifies the extradition of Masahide Kanayama on the offenses for which the Extradition

Request was made. A warrant may issue for the surrender of Kanayama to the proper authorities

of Japan in accordance with the Treaty. The Clerk of Court is respectfully directed to forward a

certified copy of this Certification and Committal for Extradition, together with a copy of the

evidence presented in this case, including the formal extradition documents received in evidence

and any testimony received in this case, to the Secretary of State.

It is SO ORDERED.

Dated:

January 26, 2023

New York, New York

Edgardo ftamos , U.S.D.J

evidence, so much as to pose a conflict in the testimony of two handwriting experts by discrediting the methodology

of the expert who had identified the accused person's authorship).

8

As a final matter, the Court notes that the claim that Kanayama will suffer persecution due to anti-Christian bias if

he is returned to Japan is not subject to judicial review. See Ahmad, 910 F .2d at 1067 ("It is the function of the

Secretary of State to determine whether extradition should be denied on humanitarian grounds."); see also Jhirad v.

Ferrandina, 536 F.2d 478 , 484-85 (2d Cir. 1976) (" It is not the business of our courts to assume the responsibility

for supervising the integrity of the judicial system of another sovereign nation . Such an assumption would directly

conflict with the principle of comity upon which extradition is based.").

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

MASAHIDE KANAYAMA,

Petitioner,

26-CV-1402 (JPO)

-vOPINION AND ORDER

SCOTT KOWAL,

Respondent.

J. PAUL OETKEN, District Judge:

Before the Court is Petitioner Masahide Kanayama’s emergency motion to stay his

extradition pending adjudication of his petition for a writ of habeas corpus pursuant to 28 U.S.C.

§ 2241. For the reasons that follow, Kanayama’s emergency motion to stay is denied.

I.

Factual and Procedural Background

On March 25, 2015, Petitioner Masahide Kanayama allegedly touched parts of a Shinto

shrine near Katori, Japan and a Buddhist temple in Narita, Japan with vegetable oil. (ECF No. 1

(“Pet.”) ¶ 26.) Following this incident, the Japanese police issued arrest warrants for Kanayama

for vandalism in violation of Article 260 of the Japanese penal code. (Id. ¶¶ 9, 28.) On

December 12, 2016, the Japanese government contacted the U.S. State Department to request

Kanayama’s extradition, and the State Department referred the matter to the Department of

Justice (“DOJ”). (Id. ¶ 10.) After the DOJ filed an extradition complaint, Kanayama was

arrested on June 2, 2017, and later released from custody on certain conditions pending the

resolution of the extradition complaint. (Id. ¶¶ 11-13.)

On December 6, 2022, after receiving briefing from the parties on Japan’s extradition

request, Judge Edgardo Ramos presided over a formal extradition hearing; he then issued a

written order certifying Kanayama for extradition on January 26, 2023. (Id. ¶¶ 18-19.) On April

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25, 2023, Kanayama filed a petition for a writ of habeas corpus contesting Judge Ramos’s

extradition certification, which was denied by Judge Colleen McMahon on April 11, 2024. See

Kanayama v. Kowal, No. 23-CV-3469, 2024 WL 1587489, at *1 (S.D.N.Y. Apr. 11, 2024).

Kanayama appealed, and the Second Circuit denied Kanayama’s application for a stay and

affirmed Judge McMahon’s decision. See Kanayama v. Kowal, No. 24-1340, 2025 WL

3210986, at *2 (2d Cir. Nov. 18, 2025). In the following weeks, the Supreme Court denied

Kanayama’s multiple applications for a stay. See Kanayama v. Kowal, No. 25A633, 2025 WL

3619532, at *1 (U.S. Dec. 12, 2025); Kanayama v. Kowal, No. 25A633, 2026 WL 135702, at *1

(U.S. Jan. 20, 2026). On February 23, 2026, the Supreme Court also denied Kanayama’s petition

for a writ of certiorari. Kanayama v. Kowal, No. 25-715, 2026 WL 490775 (U.S. Feb. 23, 2026).

On October 16, 2025, the State Department authorized Kanayama’s extradition to Japan.

(Pet. ¶ 38.) In its letter, the State Department stated: “In reaching a decision in any extradition

case, the Department carefully and thoroughly considers all claims submitted and takes

appropriate steps, which may include obtaining information or commitments from the requesting

government, to address the identified concerns.” (ECF No. 1-1 at 41.) Kanayama is currently

required to surrender on March 2, 2026, for extradition to Japan.

On December 29, 2025, Kanayama applied for asylum and relief under the Convention

Against Torture (“CAT”), alleging that the Japanese government has attempted to imprison him

due to his political opinions and religious and ethnic background. (Pet. ¶ 30.)

Kanayama filed a second petition for a writ of habeas corpus (Pet.), as well as an

emergency motion to stay his extradition (ECF No. 2 (“Stay Mot.”)), with this Court on February

19, 2026. The Government filed its response to Kanayama’s emergency motion to stay on

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February 24, 2026 (ECF No. 10 (“Opp.”)), and the Court held an in-person conference with the

parties on February 25, 2026.

II.

Legal Standard

When evaluating a motion to stay extradition, the Court considers four factors: “(1)

whether the stay applicant has made a strong showing that he is likely to succeed on the merits;

(2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the

stay will substantially injure the other parties interested in the proceeding; and (4) where the

public interest lies.” Nken v. Holder, 556 U.S. 418, 434 (2009) (quotation marks omitted). Of

these factors, “[t]he first two . . . are the most critical.” Id. When the Government is an

opposing party, the third and fourth factors merge. Id. at 435.

III.

Discussion

A.

Likelihood of Success on the Merits

1.

Habeas Jurisdiction

“The statutes governing extradition create a multi-step procedure that divides

responsibility for extradition between the Secretary of State and the courts.” Kapoor v.

DeMarco, 132 F.4th 595, 599 (2d Cir. 2025), cert. denied, 146 S. Ct. 325 (2025). After a district

court issues an order certifying extradition, as Judge Ramos did on January 26, 2023, “the

Secretary of State must then decide whether to order the person extradited.” Id. at 601. By

regulation, “[i]n each case where allegations relating to torture are made or the issue is otherwise

brought to the [State] Department’s attention, appropriate policy and legal offices review and

analyze information relevant to the case in preparing a recommendation to the Secretary as to

whether or not to sign the surrender warrant.” 22 C.F.R. § 95.3(a). Moreover, when determining

whether an individual should be extradited, the Secretary of State (the “Secretary”) “considers

the question of whether a person facing extradition from the U.S. is more likely than not to be

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tortured in the State requesting extradition.” Id. § 95.2(b). These regulatory requirements, first

codified at Section 2242 of the Foreign Affairs Reform and Restructuring Act (“FARRA”),

implement the United States’ treaty obligations under CAT, which provides, in turn, that “[n]o

State Party shall expel, return (‘refouler’) or extradite a person to another State where there are

substantial grounds for believing that he would be in danger of being subjected to torture.” CAT,

art. III, Dec. 10, 1984, 1465 U.N.T.S. 85 (1984).

Kanayama asserts that the State Department failed to meet its statutory obligations under

Section 2242 of FARRA by neglecting to determine on the record whether Kanayama “is more

likely than not to be tortured” upon extradition to Japan. (Pet. ¶ 33; Stay Mot. at 3-4.) The

generalized language of the State Department’s letter authorizing extradition, Kanayama argues,

makes no mention of the possibility of torture at all; nor does it consider “the pattern of abusive

treatment of detainees in the Japanese prison system” or “the Japanese government’s evidence of

animus against Petitioner.” (Pet. ¶ 38.) As a factual matter, however, the Government offered

evidence—and Kanayama conceded at the conference before the Court—that Kanayama never

argued in his submission to the State Department that he would be subject to torture under CAT

if he were extradited to Japan. (See ECF No. 10-3.) The Court is also not persuaded by

Kanayama’s contention that the State Department is required to consider the risk of torture in

every extradition case, regardless of whether the issue is raised. To the contrary, the regulations

suggest that State Department officials must evaluate materials about an extraditee’s risk of

torture only in cases “where allegations relating to torture are made or the issue is otherwise

brought to the Department’s attention.” 22 C.F.R. § 95.3(a). It is thus difficult to see how

Kanayama can fault the State Department for failing to consider arguments that he did not

explicitly surface in the first place.

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The Court is also not persuaded, as a legal matter, that it has jurisdiction to adjudicate

Kanayama’s habeas claims. As Kanayama acknowledges, the Second Circuit recently held that

8 U.S.C. § 1252(a)(4), enacted through the REAL ID Act of 2005, “bars courts from exercising

habeas jurisdiction over CAT claims raised by individuals facing extradition.” Kapoor, 132

F.4th at 614. That statutory provision reads:

Notwithstanding any other provision of law (statutory or nonstatutory), including

section 2241 of title 28, or any other habeas corpus provision, and sections 1361

and 1651 of such title, a petition for review filed with an appropriate court of

appeals in accordance with this section shall be the sole and exclusive means for

judicial review of any cause or claim under the United Nations Convention Against

Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or

Punishment, except as provided in subsection (e).

8 U.S.C. § 1252(a)(4). Because Kanayama is pursuing a CAT claim by means of a habeas

petition, Kapoor appears to squarely foreclose the Court’s jurisdiction to hear this case.

Kanayama argues that his case is distinguishable because, unlike in Kapoor, where the

petitioner took issue with the substance of the State Department’s finding that she was unlikely

to be tortured, here the State Department made no determination as to risk of torture at all. (Pet.

¶ 41.) As noted above, it is unlikely that any failure by the State Department to consider or

address Kanayama’s claims of torture under CAT could amount to a procedural error where

Kanayama never presented those claims to the State Department in the first place. But in any

event, the language of 8 U.S.C. § 1252(a)(4) is also not so circumscribed. It strips district courts

of habeas jurisdiction over “any cause or claim” under CAT, rather than particular decisions or

determinations. 8 U.S.C. § 1252(a)(4) (emphasis added). A plain reading of this language

suggests that it encompasses “cause[s] or claim[s]” arguing the very thing that Kayanama presses

here—namely, that the State Department erred by making no finding about whether Kanayama is

likely to face torture upon his extradition.

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Kanayama urges the Court to follow the Ninth Circuit’s decision in Trinidad y Garcia v.

Thomas, which held that district courts have habeas jurisdiction to review claims of the kind that

Kanayama presses here. 683 F.3d 952, 956-57 (9th Cir. 2012). (Pet. ¶ 39; Stay Mot. at 3.) But

the Second Circuit firmly rejected Trinidad y Garcia in Kapoor. See 132 F.4th at 609-10 (“[W]e

are unpersuaded by the Ninth Circuit’s interpretation of the REAL ID Act. We read the plain

language of Section 1242(a)(4) to unequivocally bar any habeas review of CAT claims in

extradition proceedings, and thus we (like the D.C. and Fourth Circuits) part ways with our sister

Circuit.”). Given this Court’s duty to follow the dictates of the Second Circuit, it appears clear

that jurisdiction is lacking.

Finally, Kanayama claims that “[t]he State Department’s failure to make the necessary

determination is an independent violation of FARRA” and therefore does not qualify as a “cause

or claim under the United Nations Convention Against Torture” under 8 U.S.C. § 1252(a)(4).

(Pet. ¶ 43.) The Second Circuit, however, expressly declined to address whether, absent

Congress’s bar of federal habeas review of extradition-based CAT claims, “an extraditee could

nonetheless bring a CAT claim under FARRA.” Kapoor, 132 F.4th at 610 n.14. The court’s

reasoning thus necessarily construed Section 1252(a)(4)’s jurisdictional bar as encompassing

FARRA claims. Nor is it clear as a matter of law whether any daylight exists between FARRA

and CAT for the purposes of Section 1252(a)(4), as FARRA simply codifies the United States’

existing treaty obligations under CAT. See id. at 601-02. Rejecting a similar argument, the D.C.

Circuit held in Omar v. McHugh that “a claim under [FARRA] is a claim under the Convention

Against Torture and is barred by the REAL ID Act.” 646 F.3d 13, 18 n.2 (D.C. Cir. 2013)

(Kavanaugh, J.). Absent any case law or other authority suggesting that FARRA confers a

substantive right on extraditees separate and apart from CAT for the purpose of federal habeas

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jurisdiction, the Court cannot conclude that Kanayama has demonstrated a likelihood of success

on this issue. See Nken, 556 U.S. at 434 (demonstrating a likelihood of success on the merits

requires “more than a mere possibility of relief” (cleaned up)).

Because habeas jurisdiction over Kanayama’s CAT claim is barred by 8 U.S.C.

§ 1252(a)(4) under Kapoor, Kanayama is unlikely to succeed on that claim.

2.

Kanayama’s Pending Asylum Application

In the alternative, Kanayama argues that he cannot be extradited while his asylum

application remains pending because his extradition “would vitiate his right to adjudication of

the asylum petition” under 8 U.S.C. § 1158(a). (Pet. ¶ 47; Stay Mot. at 4.) But Kanayama cites

no case law indicating that a petitioner has an absolute right to remain in the United States while

his asylum application is adjudicated. And while Section 1158(a) states that individuals

physically present in the country “may apply for asylum,” 8 U.S.C. § 1158(a)(1) (emphasis

added), neither that language nor the regulations outlining asylum procedures suggest that, in

situations where a petitioner is to be extradited, he may delay those proceedings simply by filing

an application for asylum.

Additionally, as the Government points out, other circuits have held that immigration

proceedings have no collateral or preclusive effect on extradition proceedings. See, e.g.,

Castaneda-Castillo v. Holder, 638 F.3d 354, 360 (1st Cir. 2011) (“[A]sylum and extradition

proceedings are separate and distinct, in the sense that the resolution of even a common issue in

one proceeding is not binding in the other.” (quotation marks omitted)); Aguasvivas v. Pompeo,

984 F.3d 1047, 1053 (1st Cir. 2021) (holding that the BIA’s finding that the petitioner was likely

to face torture in his home country did not collaterally estop the Secretary of State from making a

contrary determination for the purposes of extradition proceedings); see also Kapoor, 132 F.4th

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at 599 n.2 (“The extradition process should not be confused with the immigration removal

process.”).

In light of this case law, as well as Kanayama’s failure to marshal authorities in support

of his position, Kanayama has not demonstrated a likelihood of success on the merits of this

claim.

B.

Irreparable Injury

Kanayama contends that he will suffer irreparable harm absent a stay because

“extradition will expose [him] to years of incarceration in Japan and lead to the lapse of his

Legal Permanent Resident status.” (Stay Mot. at 5.) There is little doubt that denial of a stay

would impose a serious burden on Kanayama, given the imminence of his extradition and the

likely difficulty of undoing such a removal. Cf. Nken, 556 U.S. at 435 (stating that removal in

the immigration context is “not categorically irreparable” since petitioners who are removed and

later “prevail can be afforded effective relief by facilitation of their return”). Kanayama’s

extradition, however, does not preordain a guilty verdict: It merely allows Japan to begin the

process of adjudicating Kanayama’s guilt or innocence. Moreover, other courts have denied a

stay, even assuming the existence of irreparable harm arising from extradition, where the

petitioner has not demonstrated a likelihood of success on the merits of his claims. See, e.g.,

Moshir v. Salina, No. 17-CV-55, 2018 WL 1940259, at *2 (W.D.N.Y. Apr. 25, 2018) (“Even

assuming that extradition pending appeal of the Court’s denial of habeas corpus relief would

constitute irreparable harm, a stay of extradition pending appeal is unwarranted because

Petitioner has not demonstrated a likelihood of success on the merits of his appeal.”); Quintanilla

v. United States, 582 Fed. Appx. 412, 414 (5th Cir. 2014) (“Although we assume that extradition

while an appeal of the denial of habeas corpus is pending would constitute irreparable harm, a

stay is not warranted because [the petitioner] has not demonstrated a likelihood of success on the

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merits of her appeal.”); Demjanjuk v. Meese, 784 F.2d 1114, 1118 (D.C. Cir. 1986) (“While the

imminent extradition of petitioner to Israel may qualify as a threat of irreparable harm, petitioner,

as shown above, fails to demonstrate a likelihood of success on the merits.”).

The same result obtains here. Although Kanayama has arguably shown irreparable harm

absent a stay, he has not demonstrated a likelihood of success on the merits of any of his claims.

This factor, without more, therefore does not warrant the imposition of a stay.

C.

Remaining Factors

The two remaining factors—whether issuance of the stay will substantially injure the

other parties interested in the proceeding and where the public interest lies—weigh in favor of

denying the stay. This case has wended its way through all three levels of the federal court

system, sometimes multiple times, for nearly a decade. It has received ample and thoughtful

consideration from several judges. Staying Kanayama’s extradition at this juncture, on the eve

of his long-pending removal to Japan, would certainly prejudice the Government. This is

especially so given the United States’ “strong interest in having extradition requests submitted by

our treaty partners . . . resolved without undue delay.” (Opp. at 21.)

Accordingly, the Court concludes that the remaining Nken factors counsel against issuing

a stay.

IV.

Conclusion

For the foregoing reasons, Kanayama’s emergency motion to stay his extradition to Japan

is DENIED.

The Clerk of Court is directed to close the motion at Docket Number 2.

SO ORDERED.

Dated: February 26, 2026

New York, New York

9

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

MASAHIDE KANAYAMA,

Petitioner,

26-CV-1402 (JPO)

-vORDER

SCOTT KOWAL,

Respondent.

J. PAUL OETKEN, District Judge:

Petitioner Masahide Kanayama moves for a stay of extradition pending interlocutory

appeal to the Second Circuit of this Court’s prior opinion and order denying Kayanama’s

emergency motion to stay extradition. (ECF No. 13.) For the reasons stated in the Court’s

opinion at Docket Number 11, Kanayama’s motion for a stay of extradition pending

interlocutory appeal is DENIED.

The Clerk of Court is directed to close the motion at Docket Number 13.

SO ORDERED.

Dated: February 27, 2026

New York, New York

____________________________________

J. PAUL OETKEN

United States District Judge

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Document 10-3

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Case 1:26-cv-01402-JPO

Document 10-3

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Hyuk Kee Yoo v. United States

United States District Court for the Southern District of New York

November 16, 2021, Decided; November 16, 2021, Filed

No. 21-CV-6184 (CS)

Reporter

2021 U.S. Dist. LEXIS 222067 *

HYUK KEE YOO, a/k/a "KEITH YOO," Petitioner, - against-UNITED STATES OF AMERICA, Respondent.

Prior History: Hyuk Kee Yoo v. United States, 2021 U.S. Dist. LEXIS 210586 (S.D.N.Y., Nov. 1, 2021)

Counsel: [*1] For Petitioner: Paul Shechtman, Bracewell LLP, New York, New York, Shawn Naunton, Zuckerman

Spaeder LLP, New York, New York,.

For Respondent: Derek Wikstrom, Assistant United States Attorney, Southern District of New York, White Plains,

New York.

Judges: CATHY SEIBEL, United States District Judge.

Opinion by: CATHY SEIBEL

Opinion

OPINION & ORDER

Seibel, J.

Before the Court is Petitioner's motion to stay extradition pending his appeal of this Court's November 1, 2021

Order denying his petition for a writ of habeas corpus. For the reasons stated below, the motion is GRANTED.

I. BACKGROUND

The Court sets forth here only the factual and procedural background relevant to this motion.

On May 8, 2014, after Petitioner was charged with seven counts of embezzlement, a judge of the Incheon District

Court in the Republic of Korea ("Korea") issued a warrant for his arrest. (ECF No. 15 ("Nov. 1 Order") at 2.) On May

28, 2014, Korea sent the first of a series of diplomatic notes to the United States Government seeking Petitioner's

extradition to Korea under the Extradition Treaty Between the Government of the United States of America and the

Government of the Republic of Korea, K.-U.S., June 9, 1998, T.I.A.S. No. 12,962 (the "Treaty"). [*2] (Id.) It was not

until February 27, 2020, that the Government filed a complaint commencing extradition proceedings. (Id.)

On July 2, 2021, Magistrate Judge Judith C. McCarthy issued an Order certifying Petitioner as extraditable to

Korea. In re Extradition of Hyuk Kee Yoo, No. 20-MJ-2252, 2021 U.S. Dist. LEXIS 124402, 2021 WL 2784836

(S.D.N.Y. July 2, 2021). Petitioner subsequently sought a writ of habeas corpus, (ECF No. 1), and on November 1,

2021, this Court denied his petition, (Nov. 1 Order; ECF No. 16). On the same day, Petitioner filed a Notice of

Appeal. (ECF No. 17.) On November 10, 2021, Petitioner moved for an Order staying his extradition to Korea

pending his appeal. (ECF No. 18.)

App. 38

2021 U.S. Dist. LEXIS 222067, *2

II. LEGAL STANDARD

Courts consider four factors when deciding whether to issue a stay pending appeal:

(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2)

whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will

substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.

In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007) (cleaned up). The likelihood of success

on the merits and irreparable injury are the most critical factors, Nken v. Holder, 556 U.S. 418, 434, 129 S. Ct.

1749, 173 L. Ed. 2d 550 (2009), and "the degree to which a factor must be present varies with the strength of the

other factors, [*3] meaning that more of one factor excuses less of the other," In re World Trade Ctr., 503 F.3d at

170 (cleaned up). "The party requesting a stay bears the burden of showing that the circumstances justify an

exercise of that discretion." Nken, 556 U.S. at 433-34.

III. DISCUSSION

Petitioner argues that the issues of who (between the judiciary and the executive branches) may or must consider

the timeliness of charges under the Treaty, and how the statute of limitations should be analyzed, are "'serious and

difficult questions of law in an area where the law is somewhat unclear.'" (ECF No. 19 ("Pet. Br.") at 3) (quoting In

re Extradition of Hilton, No. 13-MJ-7043, 2013 U.S. Dist. LEXIS 89692, 2013 WL 3282864, at *2 (D. Mass. June 26,

2013)). The Government responds that the handful of courts to address the first issue have uniformly ruled, as this

Court did, that the statute-of-limitations question is discretionary under the Treaty and thus committed to the

executive branch. (ECF No. 21 ("Gov. Opp.") at 2.) While the Court naturally believes that its resolution of this issue

is correct, in this context Petitioner need only show "a substantial possibility, although less than a likelihood, of

success" - that is, "something less than 50 percent." Mohammed v. Reno, 309 F.3d 95, 101-02 (2d Cir. 2002)

(cleaned up). Because Petitioner's appeal raises issues that the Second Circuit has not yet considered, upon which

there are non-frivolous [*4] grounds for disagreement, in the circumstances this factor weighs in favor of a stay.

The Government concedes that the second factor, irreparable harm, weighs in Petitioner's favor because absent a

stay Petitioner would likely be removed from the United States before his appeal is decided. (Gov. Opp. at 2.)

Removal from the United States would unquestionably cause irreparable injury by mooting Petitioner's appeal

before it can be heard, and this factor weighs strongly in favor of a stay. See Artukovic v. Rison, 784 F.2d 1354,

1356 (9th Cir. 1986) ("The possibility of irreparable injury to [Petitioner] if we deny his motion is evident: his appeal

will become moot and will be dismissed since the extradition will have been carried out.").

Because the Government is the opposing party, the third and fourth factors (harm to the opposing party and the

public interest) merge. Nken, 556 U.S. at 435. In the context of extradition proceedings these factors often weigh in

the Government's favor. See id. at 436 ("There is always a public interest in prompt execution of removal orders . . .

."); Artukovic, 784 F.2d at 1356 (compliance with valid extradition applications advances the public interest by

strengthening international relations). But here, the Korean government made its first request for extradition [*5] on

May 28, 2014, and the United States did not commence the extradition case until February 27, 2020, after a series

of supplemental submissions. (See Nov. 1 Order at 2.) Given this delay, the public interest in prompt execution of

removal orders and international relations is largely neutralized, and in any case is not so urgent that it should

outweigh Petitioner's interest in having a "full [and] fair opportunity to litigate his claim." Noriega v. Pastrana, No.

07-CV-22816, 2008 U.S. Dist. LEXIS 7203, 2008 WL 331394, at *3 (S.D. Fla. Jan. 31, 2008).1

IV. CONCLUSION

1 Petitioner has committed to litigating his appeal as expeditiously as possible. (See Pet. Br. at 2; Gov. Opp. at 2 n.1.)

App. 39

2021 U.S. Dist. LEXIS 222067, *5

For the foregoing reasons, Petitioner's motion for a stay of extradition pending his appeal of this Court's November

1, 2021 Order denying his petition for a writ of habeas corpus is GRANTED. The Clerk of Court is respectfully

directed to terminate the pending motion, (ECF No. 18).

SO ORDERED.

Dated: November 16, 2021

White Plains, New York

/s/ Cathy Seibel

CATHY SEIBEL, U.S.D.J.

End of Document

App. 40

Case: 26-455, 03/02/2026, DktEntry: 15.1,

14.1, Page 1 of 1

UNITED STATES COURT OF APPEALS

FOR THE

SECOND CIRCUIT

At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the

Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the

2nd day of March, two thousand twenty-six.

Before:

Sarah A. L. Merriam,

Circuit Judge.

________________________________

Masahide Kanayama,

ORDER

Petitioner - Appellant,

Docket No. 26-455

v.

Scott Kowal, Chief of U.S. Pre-Trial Services

SDNY,

Respondent - Appellee.

________________________________

Appellant moves for a stay of extradition and for bail pending appeal.

IT IS HEREBY ORDERED that, to the extent that Appellant requests an administrative

stay of extradition and his immediate release, the motions are DENIED. The motions are

REFERRED to a three-Judge motions panel.

For the Court:

Catherine O’Hagan Wolfe,

Clerk of Court

App. 41

CERTIFIED COPY ISSUED ON 03/02/2026

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Emergency Application — Masahide Kanayama, Applicant v. Scott Kowal, Chief of U.S. Pretrial Services SDNY | Frix