In a habeas petition challenging an order extraditing plaintiff to Bosnia, denial of the petition is reversed where the relevant arrest warrant was issued by a court that neither had jurisdiction over the matter nor authority to enforce the warrant, and thus the requirement of the Treaty for Mutual Extradition of Fugitives from Justice between the U.S. and Bosnia that an individual be "charged" with an extraditable offense had not been satisfied.
Argued: February 26, 2008
Decided: December 9, 2009
Opinion by Judge Cabranes
Anjan Sahni, Michael J. Garcia, Jonathan S. Kolodner, Office of the United States Attorney for the Southern District of New York, New York, NY