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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

Narrative Opinion Summary

The case involves the United States Court of Appeals for the Ninth Circuit affirming the dismissal of an indictment against a Mexican national, Alvarez-Machain, who had been forcibly abducted from Mexico by U.S. Drug Enforcement Agency agents. The primary legal issue revolved around the violation of the 1980 Extradition Treaty between the United States and Mexico, highlighted by repeated formal protests from the Mexican government. The precedent set in *United States v. Verdugo Urquidez* was pivotal, establishing that such abductions violate international treaties and that individuals have standing to assert treaty rights in U.S. courts when their government protests. The district court found that the abduction lacked the consent of the Mexican government and determined that the U.S. orchestrated the operation, prompting a dismissal of the case and ordering the repatriation of Alvarez-Machain. The appellate court's decision to affirm the lower court's judgment reinforced the application of international law and treaty obligations, resulting in the dismissal and the subsequent repatriation of the defendant to Mexico.

Legal Issues Addressed

Extradition Treaty Violation

Application: The abduction of Alvarez-Machain by U.S. DEA agents was deemed a violation of the 1980 Extradition Treaty between the United States and Mexico.

Reasoning: 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.

Judicial Procedure and Dismissal

Application: The district court's dismissal of the indictment against Alvarez-Machain was affirmed, based on sufficient findings regarding U.S. involvement in the abduction.

Reasoning: 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*.

Repatriation Requirement

Application: The findings necessitated the repatriation of Alvarez-Machain as the abduction violated both the Extradition Treaty and international law.

Reasoning: The Mexican government formally protested the abduction multiple times, insisting it violated both the Extradition Treaty and international law, demanding Alvarez-Machain's repatriation.

Standing to Assert Treaty Rights

Application: The court recognized that Mexican governmental protests provide standing for individuals to assert treaty rights in U.S. courts, as established in *United States v. Verdugo Urquidez*.

Reasoning: 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.