No. 24-6363

Edwin Cortorreal v. United States

Lower Court: Second Circuit
Docketed: 2025-01-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-defendant extradition-decree international-law judicial-promise prudential-standing rule-of-specialty
Key Terms:
Punishment Privacy JusticiabilityDoctri
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether a criminal defendant has prudential standing to enforce an extradition decree that is issued for his own benefit where the government concedes that the decree codifies a promise made to the defendant by a judge in the surrendering nation

Question Presented (OCR Extract)

1. Whether a criminal defendant has prudential standing to enforce an extradition decree that is issued for his own benefit where the government concedes that the decree codifies a promise made to the defendant by a judge in the surrendering nation . The Second Circuit held in this case that such a decree, and the promise it codifies, is not within the defendant’s “own rights and interests” and that he therefore lacks prudential standing to enforce it . 2. Whether, under this Court’s precedent in United States v. Rauscher , 119 U.S. 407 (1886), a criminal defendant has standing to assert violations of the rule of specialty without requiring the surrendering nation to intervene .

Docket Entries

2025-02-24
Petition DENIED.
2025-01-30
DISTRIBUTED for Conference of 2/21/2025.
2025-01-28
Waiver of United States of right to respond submitted.
2025-01-28
Waiver of right of respondent United States to respond filed.
2025-01-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2025)

Attorneys

Edwin Cortorreal
Benjamin Adam SilvermanLaw Office of Benjamin Silverman PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent