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CORNEJO-BARRETO v. SEIFERT

No. 98-56827.

218 F.3d 1004 (2000)

Ramiro CORNEJO-BARRETO, aka Rabbit, aka Cornhole, Petitioner-Appellant, v. W.H. SEIFERT, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission December 10, 1999

Resubmitted July 5, 2000

Filed July 11, 2000

Attorney(s) appearing for the Case

Maria E. Stratton, Federal Public Defender, Craig Wilke (argued), Deputy Federal Public Defender, Santa Ana, California, for the petitioner-appellant.

Alejandro N. Mayorkas, United States Attorney, Monica Bachner, Assistant United States Attorney, Linda M. Aouate (argued), Assistant United States Attorney, Santa Ana, California, for the respondent-appellee.

Before: FLETCHER, KOZINSKI, and THOMPSON, Circuit Judges.

FLETCHER, Circuit Judge:

Petitioner appeals the district court's denial of habeas relief from a magistrate's issuance of an extradition certificate and an order of commitment. The magistrate has found that petitioner is likely to be tortured if he is surrendered to the requesting government, but has nonetheless issued the extradition certificate. The United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment (...

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