No. 23-7203

Vladimir Blasko v. Lasha Boyden, Acting United States Marshal for the Eastern District of California

Lower Court: Ninth Circuit
Docketed: 2024-04-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: district-court-role extradition extradition-treaty foreign-state-law judicial-interpretation requesting-state-law statute-of-limitations treaty-interpretation treaty-obligations treaty-provisions
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-05-09
Question Presented (AI Summary)

When must a district court interpret and apply a requesting state's statute of limitations in an extradition proceeding?

Question Presented (OCR Extract)

question presented is when the express terms of an extradition treaty require a district court to determine whether the statute of limitations has run for the offenses for which extradition is sought under the law of the requesting or foreign state, can the district court abdicate its role under the extradition treaty to interpret and apply the requesting or foreign state’s statute of limitations laws by deferring to the legal conclusion of an official from the requesting or foreign state regarding the requesting or foreign state’s own statute of limitations laws, or is it the role of the district court, as required by the express terms of the extradition treaty to meaningfully interpret and apply the requesting or foreign state’s statute of limitations laws? The second question presented is when the district court does interpret and analyze the meaning of a requesting or foreign state’s statute of limitations laws, as required by the express terms of the extradition treaty, can the district court conduct its own common-sense and plain textual reading of the requesting or foreign state’s statute of limitations laws, or is the district court required to interpret and analyze the requesting or foreign state’s statute of limitations laws in accordance with the history, context, and tradition of the requesting or foreign state’s statute of limitations laws? i

Docket Entries

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-04-16
Waiver of right of respondent Boyden, Lasha to respond filed.
2024-04-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 13, 2024)

Attorneys

Boyden, Lasha
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Vladimir Blasko
Reed GranthamOffice of the Federal Defender, Petitioner
Reed GranthamOffice of the Federal Defender, Petitioner