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ZHENLI YE GON v. HOLT

No. 14-6102.

774 F.3d 207 (2014)

ZHENLI YE GON, Petitioner-Appellant, v. Gerald S. HOLT, U.S. Marshal for the Western District of Virginia; Floyd G. Aylor, Warden of the Central Virginia Regional Jail, Respondents-Appellees, and Eric H. HOLDER, Jr., Attorney General of the United States; Hillary Rodham Clinton, United States Secretary of State; Edwin D. Sloane, United States Marshal for the District of Columbia, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: December 16, 2014.

Attorney(s) appearing for the Case

ARGUED: Gregory Stuart Smith , Gregory S. Smith, Attorney at Law, Washington, D.C., for Appellant. John Alexander Romano , United States Department of Justice, Washington, D.C., for Appellees. ON BRIEF: John C. Lowe , John Lowe, P.C., Bethesda, Maryland, for Appellant. Leslie R. Caldwell , Assistant Attorney General, David A. O'Neil , Acting Deputy Assistant Attorney General, Valinda Jones , Senior Trial Attorney, Criminal Division, United States Department of Justice, Washington, D.C.; Timothy J. Heaphy , United States Attorney, Anthony Giorno , First Assistant United States Attorney, Office of the United States Attorney, Roanoke, Virginia, for Appellees.

Judge SHEDD wrote the opinion, in which Judge FLOYD and Senior Judge DAVIS joined.

In 2008, Mexico sent a request to the United States to extradite Zhenli Ye Gon, a Mexican citizen. Ye Gon's extradition hearing was held before a magistrate judge in the District of Columbia, who determined that Ye Gon was extraditable under the Extradition Treaty Between the United States of America and the United

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