No. 24-7353

Jose Trinidad Martinez Santoyo v. Lasha Boyden, former United States Marshal for the Eastern District of California, et al.

Lower Court: Ninth Circuit
Docketed: 2025-06-04
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure extradition international-law sixth-amendment speedy-trial treaty-interpretation
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the Sixth Amendment Speedy Trial Clause constitutes a law that can bar extradition under the United States-Mexico Extradition Treaty due to lapse of time

Question Presented (from Petition)

The Extradition Treaty between the United States and Mexico provides: Extradition shall not be granted when the prosecution or the enforcement of the penalty for th e offense for which extradition has been sought has become barred by lapse of time according to the laws of the requesting or requested Party . Article 7, United States-Mexico Extraditi on Treaty Signed at Mexico City May 4, 1978, T.I.A.S. No. 9656 (Jan. 25, 1980), App. 45a (emphasis added). Under the terms of the United States-M exico extradition treaty, is the Sixth Amendment Speedy Trial Clause a law of th e United States that can bar a criminal prosecution due to the lapse of time? ii II. List of

Docket Entries

2025-10-06
Petition DENIED.
2025-06-18
DISTRIBUTED for Conference of 9/29/2025.
2025-06-10
Waiver of Federal Respondents of right to respond submitted.
2025-06-10
Waiver of right of respondent Federal Respondents to respond filed.
2025-05-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2025)

Attorneys

Federal Respondents
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
Jose Trinidad Martinez Santoyo
Carolyn Mary WigginOffice of the Federal Defender E.D. Cal., Petitioner
Carolyn Mary WigginOffice of the Federal Defender E.D. Cal., Petitioner