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Nervous Capos: Jailed Cartel Bosses Using Every Legal Rule To Prevent Extradition To the United States

April 27, 2015  |  Posted by: JammedUp Staff
Nervous Capos: Jailed Cartel Bosses Using Every Legal Rule To Prevent Extradition To the United States

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Law enforcement agencies in the United States are targeting around 50 captured heads of Mexican drug cartels for extradition to face charges in the U.S. In a bid to prevent them from facing prosecution in the U.S. criminal court system, the cartel members are using every statute available to them under Mexican law.

The narco-traffickers are most effectively using the writ of Amparo, which is a legal procedure under Mexican law to protect one’s human rights, in order to prevent their extradition to U.S. soil. Many of the most nefarious bosses, some in custody, some not, have openly expressed their fears of being tortured or possibly even sentenced to the death penalty in the U.S.

In some of the cases, the United States has not sent a formal request for the extradition of Mexican citizens, but that hasn’t stopped them from filing for Amparo procedures in the Mexican courts. Among the Mexican citizens who top the list of extraditable criminals include those wanted for murders, leaders of criminal cells or notorious cartel capos.

The amount of extradition orders submitted by the United States is not known. However, each criminal organization referred to by U.S. law enforcement includes dozens of hitmen, under bosses and Capos. In Mexico’s Federal Courts, 500 targets have launched Amparo procedures against extradition to the U.S. What caused such fear and panic from the cartel leaders?

The Alfredo Beltran Leyva case

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Alfredo Beltran Leyva was sanctioned by the United States Department of the Treasury under the Foreign Narcotics Kingpin Designation Act. The U.S. submitted the extradition request after his arrest in 2008. The Mexican and American governments accused “El Mochomo” of directing the cartel’s drug trafficking operations from his prison in Jalisco. Beltran Leyva was charged with drug trafficking along with twenty-one other international narco-traffickers and ten foreign entities.

The Kingpin Act prohibits any U.S. citizen or corporations from conducting business with the drug lord and froze all his assets in the U.S.

The Mexican Ministry of Foreign Affairs authorized Beltran Leyva’s extradition in 2013, based on hearsay testimony from a single witness, who alleged Beltran Levya was still trafficking drugs from behind bars. He was handed over to the United States in November of 2014 to face charges in Federal court in Washington D.C.
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“El Mochomo’s” extradition sent fear and panic among the Cartel bosses being targeted by the United States for prosecution and soon began filing an unprecedented number of Amparo measures in Mexican Courts against their extradition.

“El Chapo” Uses Fear as a Defense

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From the very first day behind bars, the captured Narco kingpins including Joaquin “El Chapo” Guzman, Edgar Valdez Villarreal “La Barbie”, Jesus “El Chango” Mendez, Miguel Angel Trevino Morales “El Z-40” and his brother Omar “El Z-42”, among others have all filed for Amparo. And in some cases where there was no warrant request for extradition.

“El Chapo” Guzman expressed his fears in a recent filing, where he asked for guarantees of protection against extradition to the United States. Guzman argued that if he were to be extradited to the United States to face pending indictments against him, he believes he would in time be given the death penalty. Despite the fact, the crimes committed was on Mexican soil.

Although Mexican law consents to the agreements of the extradition treaty with the United States, no extradited persons from Mexico can receive the death penalty. “El Chapo” Guzman filed over ten Amparo arguments in ten different courts, calling the Mexican Authorities actions for building a case for extradition unconstitutional.

In addition, the Sinaloa boss expressed his fear of being kidnaped by U.S. authorities. Guzman claimed he would be taken to a secret prison, subjected to torture and “declared guilty of the commission of crimes that they say I have committed, as a way to apply the death penalty. That Is expressly forbidden by the General Constitution of the Republic.”

El Chapo detailed his argument in his motion that stated, “The commission of acts both future and imminent relations with his obstinate intention to extradite me to the United States of North America for prosecution. The application of cruel degradation, cruel or inhuman maltreatment and with the testimony of paid, witnesses protected and coached by law enforcement. The U.S. government will force me to plead guilty to serious offences I have not committed, with the execution of the unconstitutional order of extradition, related to the death penalty.”

Guzman’s complaint had the desired effect he intended on having. The Federal Judges ordered the District Judge to admit the petition for relief filed by the Sinaloa boss to assume jurisdiction.

The Zeta Brothers

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The very same day of his apprehension on March 4th, 2015, Los Zetas boss Oscar Omar Trevino Morales “Z-42” filed an Amparo injunction request out of fear of his possible extradition to the U.S.

“Z40” is wanted in the U.S. on charges of conspiracy to commit crimes against health. His brother Miguel Angel Trevino Morales “El Z-40” who was apprehended back in June of 2013, is the subject of extradition proceedings in the First Federal District Court of Federal Criminal Proceedings.

Angel Trevino faces indictments in the U.S. in addition to the 12 criminal cases in District Courts of State of Mexico, Jalisco and Tamaulipas and could face a “temporary extradition.”

The temporary order would see the ruthless Zetas leader brought to the United States to face charges. As what happened to the likes of Javier Torres Felix “El JT” or Sandra Avila Beltran “Queen of the Pacific. Both extradited to America before returning to Mexico and face trial in the Mexican court system.

Lawyers for the Mexican criminal suspects are now using the Courts for shelter and protection from the threat of extradition. Although, Judges have denied a good number of the narco-criminals the recognition of a violation of fundamental human rights. Cases are still pending, and many more motions are expected from the unnerved narco bosses.

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