extradition – Federal Defenders of New York Second Circuit Blog

Second Circuit: Application of an Extradition Treaty’s “Lapse of Time” Provision is a Discretionary Decision for the Secretary of State, and Not for the Court.

August 4, 2022 by Colleen Cassidy

In Yoo v. United States, 21-2755(2d Cir. Aug. 1, 2022), the Circuit (Lynch, joined by Calabresi and Lohier) affirmed the denial of a petition for habeas corpus alleging that petitioner’s extradition to South Korea was time-barred, holding that the extradition treaty’s “Lapse of Time” provision was a discretionary provision for the executive authority and not … Read more

Beware of Greeks Bearing Writs

January 14, 2012 by Steve Statsinger

Skaftouros v. United States, No. 11-0462-cv (2d Cir. December 20, 2011) (Cabranes, Hall, Lohier, CJJ) Dimitrious Skaftouros is charged in Greece, his native country, with murdering a sixteen-year-old boy after a botched kidnapping. The crime took place in March of 1990; Skaftouros fled Greece that May, and ultimately ended up in the United States. He … Read more

The Thirty Years’ War

September 23, 2007 by Steve Statsinger

United States v. Cuevas, No. 06-0607-cr (2d Cir. August 23, 2007) (Cardamone, Straub, CJJ, Koeltl, DJ In this case, the defendant Jose Cuevas, who was extradited to the United States from the Dominican Republic, argued, with out success, that a 30-year sentencing cap contained in the extradition decree should apply to him. Cuevas was charged, … Read more