Sacirbey v. Guccione, No. 06-5137

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.

Read Sacirbey v. Guccione, No. 06-5137

Appellate Information

Argued: February 26, 2008

Decided: December 9, 2009

Judges

Opinion by Judge Cabranes

Counsel

For Appellant:

James J. McGuire, Kesari Ruza, Timothy J. McCarthy, Elizabeth Rotenberg-Schwartz and Sean J. Kirby, Sheppard, Mullin, Richter & Hampton LLP, New York, NY

For Appellee:

Anjan Sahni, Michael J. Garcia, Jonathan S. Kolodner, Office of the United States Attorney for the Southern District of New York, New York, NY