Caso Toledo

 

Case 3:19-mj-71055-MAG Document 221 Filed 04/05/23 Page 1 of 2

FILED

 

Apr 05 2023

 

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Mark B. Busby Mark  CLERK, U.S. DISTRCT COURT NORTHERN DSTRIC OF CAFORNIA SAN FRANCSCO

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UNITED STATES DISTRICT COURT

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 NORTHERN DISTRICT OF CALIFORNIA

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Case No. 19-mj-71055-MAG-1 (TSH)

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ORDER OF COMMITMENT FOR THE U.S. MARSHAL TO TAKE ALEJANDRO TOLEDO MANRIQUE INTO CUSTODY (18 U.S.C. § 3184)

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Re: Dkt. No. 211

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  a    i    t   r   n   u   r   o   o   f    C   i    l    t   a   c   C    i   r    f    t   s   o    i    t    D   i   c   s    t   r   e   s    t   a   i    t    S   D    d   n   r   e   e    t    i    h   n   t   r    U  o    N

IN THE MATTER OF THE EXTRADITION OF ALEJANDRO TOLEDO MANRIQUE

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On September 28, 2021, the Court certified to the Secretary of State that Alejandro Toledo is extraditable. ECF No. 188. Toledo challenged the certification order through a petition petition for a writ of habeas corpus, which Judge Beeler denied on April 22, 2022. See Manrique v. O’Keefe, O’Keefe,  No. 21-cv-08395, ECF No. 17. Toledo filed an appeal of that decision with the U.S. Court of Appeals for the Ninth Circuit. See Manrique v. Kolc, Kolc, No. 22-15705. Toledo sought a stay of extradition pending resolution of his appeal from both Judge Beeler and the Nint Ninth h Circuit. They

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 both denied the request. See Manrique v. Kolc, Kolc, No. 22-15705, ECF No. 22 (9th Cir. Oct. 19,

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2022); Manrique 2022);  Manrique v. O’Keefe, O’Keefe, No. 21-cv-08395, ECF No. 30 (N.D. Cal. June 13, 2022).

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decided to grant the extradition request and issued a warrant authorizing Toledo’s surrender to

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Peru on the charges for which he is sought. The following day the government filed the the present

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motion to revoke Toledo’s bail and remand him to custody. ECF No. 211. Toledo renewed his

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motion for a stay before Judge Beeler, B eeler, who denied it but granted a temporary stay to remain in

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On February 21, 2023, the Secretary of State, acting through the Deputy Secretary of State,

effect “until the Ninth Circuit rules on the petitioner’s stay motion.”  Manrique v. O’Keefe, O’Keefe, No. 21-cv-08395, ECF No. 36. Toledo also renewed his stay motion before the Ninth Circuit Circuit,, which denied it in a published opinion filed this morning.  Manrique v. Kolc, Kolc, __ F.4th __, No. 22-15705, 2023 WL 2780352 (9th Cir. April 5, 2023). The Court now grants the government’s motion.

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Case 3:19-mj-71055-MAG Document 221 Filed 04/05/23 Page 2 of 2   1

To effectuate an extradition, two different warrants are requir required: ed: a warrant to take the

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extraditee into custody, and a warrant to surrender the person to the foreign government. This

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Court issues the first warrant, and the Secretary of State issues the second one. See 18 U.S.C. §§ 3184, 3186. Now that the Court has certified certified Toledo’s extraditability, and the Secretar Secretary y has determined he will extradite and has issued the surrender warrant, and the Ninth Circuit has denied the request for a stay, there is no reason not to effectuate the extradition. extradition. The government has

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  a    i    t   r   n   u   r   o   o   f    C   i    l    t   a   c   C    i   r    f    t   s   o    i    t    D   i   c   r   s    t   e   s    t   a   i    t    S   D   r    d   n   e   e    t    h    i    t   n   r    U  o    N

advised that Toledo takes the position that today’s order by the Ninth Circuit is temporarily stayed  by Federal Rule of Appellate Procedure 41 and that Toledo plans to file a motion for an additional

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stay with the Ninth Circuit. ECF No. 220. The Court does not see how F.R.A.P. 41 could be

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applicable, as it concerns the mandate and staying the mandate, whereas the Ninth Circuit denied a

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request to stay extradition; it did not issue a decision resolving Toledo’s appeal, which is what a

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mandate would follow. It is also clear that the panel expected that the effect of it itss denial of the

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stay request is that Toledo will be extradited. In considering the four factors relevant relevant to a stay motion, the panel found that “[i]rreparable “[i]rreparable injury is obvious: Once extradited, Toledo’s appeal

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will be moot.”  Manrique, 2023 WL 2780352, at *3. The Ninth Circuit has now twice denied Toledo’s motion for a stay. Its second denial is a published order ful fully ly analyzing Toledo’s arguments on appeal and concluding that he has not shown a likelihood of success. This Court has

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no expectation that any further stay orders are forthcoming. Accordingly, pursuant to 18 U.S.C. § 3184, the Court

WARRANTS  that

Toledo shall be

committed to a proper jail, there to remain until his surrender to Peruvian authorities shall be

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made. The Court REVOKES Toledo’s bail and REMANDS him to the custody of the U.S. Marshal. The Court ORDERS Toledo to surrender to the Marshal on April 7, 2023 at 9:00 a.m. at

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450 Golden Gate Avenue, San Francisco, California on the 20th floor.

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IT IS SO ORDERED.

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Dated: April 5, 2023

25 THOMAS S. HIXSON United States Magistrate Judge

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