The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Carlos Alberto Yacaman Mezav.U.S. Attorney General, Et Al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.11-13433
DecidedSeptember 6, 2012
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CivilImmigration LawCriminal ProcedureHabeas CorpusConstitutional LawSeparation of PowersFederal JurisdictionAppellate ProcedureVacaturRemand
Case Summary

Honduras sought the extradition of Carlos Alberto Yacaman Meza, a Honduran national accused of killing a former government minister after a dispute over promised public-works contracts and money. A magistrate judge certified Yacaman as extraditable under the United States-Honduras treaty, and the district court denied habeas relief. Yacaman argued that the Convention Against Torture barred surrender, that the murder was a political offense excluded by the treaty, and that the treaty was no longer valid after a Honduran coup and change of administration. The Eleventh Circuit held that the torture claim was not ripe because the Secretary of State had not decided whether to surrender Yacaman and retained authority to address humanitarian concerns. The court deferred to the Executive’s determination that the treaty remained in force, reasoning that Honduras had changed administrations rather than become a successor state. It also held that the murder was motivated by avarice and revenge, not committed during or incident to a political uprising. The court vacated in part, affirmed in part, lifted the stay, and remanded to dismiss the torture claim.

Opinion

Loading published copy…

The Far Side