Eleventh Circuit Court of Appeals - Published Opinions

Monday, July 08, 2019

Arias: Deference to Executive Branch on Legal Validity of Extradition Treaty with Colombia

In Arias v. Warden, No. 18-14328 (July 8, 2019) (Grant, Marcus, Hull), the Court upheld the denial of a habeas petition to block extradition to Colombia.

The petitioner emphasized that the Colombia Supreme Court had declared the extradition treaty unconstitutional.  But both the US and Colombia have continued to act as if the treaty is valid.  The Eleventh Circuit deferred to the State Department's position about the impact, if any, of the foreign court's ruling on the validity of the treaty.  The Court also rejected other challenges to the extradition based on the facts of the case.