SEARCH

Carlos Albert Yacaman Meza v. U.S. Attorney General

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

[PUBLISH]

Before WILSON, PRYOR, and MARTIN, Circuit Judges.

This appeal involves the constitutional separation of powers and the limited judicial role in the extradition of a foreign national. Carlos Alberto Yacaman Meza, a Honduran national, appeals the denial of his petition for a writ of habeas corpus. See 28 U.S.C. § 2241 (2006). The Republic of Honduras requested, under the United States-Honduras Extradition Treaty of 1909, that the United States extradite Yacaman for prosecution on the charge of murder of a fellow Honduran national, Luis Rolando Valenzuela Ulloa. At the request of the United States, a magistrate judge held an extradition hearing and issued a certification of extraditability for Yacaman. See 18 U.S.C. § 3184 (2006). Witnesses to the alleged murder averred, without dispute, that Yacaman shot Valenzuela at a restaurant for his refusal to deliver on a bribe for government contracts. Yacaman then filed a petition for a writ of habeas corpus to block his extradition, but the district court denied that petition. On appeal, Yacaman contends that the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment bars his extradition by the Secretary of State, that the murder of Valenzuela constitutes a political offense for which he cannot be extradited, and that there is no valid extradition treaty in force between Honduras and the United States. Yacaman’s first argument is not ripe because the Secretary of State has not yet determined whether he is likely to be tortured nor decided whether to extradite him, and his other arguments lack merit. We vacate in part and affirm in part the denial of Yacaman’s petition for a writ of habeas corpus, lift the stay of the extradition proceedings, and remand with instructions to dismiss Yacaman’s claim under the Convention Against Torture.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

General Counsel Conference Midwest: SuperConference 2025

April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies

Learn More

ThinkAdvisor LUMINARIES Awards 2024

December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...

Apply Now ›

Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...

Apply Now ›

Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...

Apply Now ›