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United States v. Humberto Alvarez-Machain
Citations: 946 F.2d 1466; 91 Daily Journal DAR 12869; 91 Cal. Daily Op. Serv. 8350; 1991 U.S. App. LEXIS 24586; 1991 WL 208211Docket: 90-50459
Court: Court of Appeals for the Ninth Circuit; October 18, 1991; Federal Appellate Court
The United States Court of Appeals for the Ninth Circuit affirmed the dismissal of the Government's case against Humberto Alvarez-Machain, a Mexican national forcibly abducted from Mexico by U.S. Drug Enforcement Agency (DEA) agents. This decision aligns with the precedent set in *United States v. Verdugo Urquidez*, which established that such abductions violate the 1980 Extradition Treaty between the U.S. and Mexico and that the Mexican government's protests provide standing for individuals to assert treaty rights in U.S. courts. The district court found that Alvarez-Machain's abduction was conducted without the Mexican government's consent and that the U.S. had indeed orchestrated the operation. The Mexican government formally protested the abduction multiple times, insisting it violated both the Extradition Treaty and international law, demanding Alvarez-Machain's repatriation. The court concluded that the findings regarding the U.S. involvement in the abduction were sufficient to mandate dismissal of the indictment and repatriation of Alvarez-Machain, reinforcing the legal principles established in *Verdugo*. Thus, the appellate court affirmed the district court’s judgment of dismissal.