In the United States Court of Appeals For the Seventh Circuit ____________________ No. 18-2723 RODOLFO DEIBY BURGOS NOELLER, Petitioner-Appellant, v. JASON WOJDYLO, Acting United States Marshal for the Northern District of Illinois, Respondent-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:17-CR-664-1 — Rebecca R. Pallmeyer, Judge. ____________________ ARGUED NOVEMBER 27, 2018 — DECIDED APRIL 29, 2019 ____________________ Before BAUER, HAMILTON, and BARRETT, Circuit Judges. HAMILTON, Circuit Judge. Mexico asked the United States to extradite appellant Rodolfo Deiby Burgos Noeller for the 2015 murder of Rosa Lorena Jacobo Carrillo in Mexico City. The United States extradition treaty with Mexico establishes the requirements for each country to request the arrest and extradition of a person within the other’s borders. See Extra- dition Treaty, Mexico-U.S., art. X, § 3, Feb. 6, 1980, 31 U.S.T. 2 No. 18-2723 5059 (1980). In accord with the treaty, Mexico submitted a for- mal request along with an authenticated arrest warrant and other supporting documents. After a hearing under 18 U.S.C. § 3184, the presiding magistrate judge found that Mexico’s re- quest complied with the treaty requirements, including sub- mitting evidence establishing probable cause that Burgos No- eller is guilty of the crime for which extradition is sought. The magistrate judge granted the United States government’s re- quest for the certification of Burgos Noeller’s extradition to Mexico and ordered him committed to the custody of the U.S. Marshals Service. See In re Noeller, No. 17 CR 664, 2018 WL 1027513 (N.D. Ill. Feb. 23, 2018). Burgos Noeller then filed a petition for a writ of habeas corpus in the district court seeking review of the magistrate judge’s orders certifying him for extradition and committing him to custody. The district court denied the petition, and we review its decision now in this appeal. We affirm. Mexico has submitted a valid request for extradition, which United States courts must honor. Burgos Noeller’s legal and factual chal- lenges to the extradition request ask us to go well beyond the narrow role for courts in the extradition process. I. Factual & Procedural Background A. Jacobo Carrillo’s Murder On January 30, 2015, Rosa Lorena Jacobo Carrillo was shot and killed outside her mother’s home in Mexico City. Until some point in the last year of her life, Jacobo Carrillo had been involved in a long-term extramarital relationship with Burgos Noeller. When the relationship ended, Burgos Noeller and Jacobo Carrillo already had two young children together. No. 18-2723 3 According to statements submitted by Jacobo Carrillo’s family, on the night of her murder, Burgos Noeller called her, accused her of seeing someone else, and threatened her life. The statements from Jacobo Carrillo’s family also asserted that later that evening, Burgos Noeller came to her mother’s house, where he slapped and grabbed Jacobo Carrillo before shooting her twice in the head. Burgos Noeller denies involvement in Jacobo Carrillo’s murder. He maintains that he ended the relationship with her after he found out about her family’s ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals