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ALVAREZ-MACHAIN v. U.S.

Nos. 99-56762, 99-56880.

266 F.3d 1045 (2001)

Humberto ALVAREZ-MACHAIN, Plaintiff-Appellant, v. UNITED STATES of America; Hector Berellez; Bill Waters; Pete Gruden; Jack Lawn; Antonio Garate-Bustamante; Francisco Sosa, and five unnamed Mexican nationals currently in the federal witness protection program, Defendants-Appellees. Humberto Alvarez-Machain, Plaintiff-Appellee, v. Francisco Sosa, and five unnamed Mexican nationals currently in the federal witness protection program, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2001.

Attorney(s) appearing for the Case

Charles S. Leeper, Spriggs & Hollingsworth, Washington, D.C., for appellant-appellee Sosa.

Robert M. Loeb, Department of Justice, Washington, D.C., for appellee-appellant United States of America.

Hamish P.M. Hume, Cooper, Carvin & Rosenthal, Washington, D.C., for appellees Lawn, Gruden, Waters and Berellez.

Paul Hoffman, ACLU, Los Angeles, California, for appellee-appellant Alvarez-Machain.

William J. Aceves, California Western School of Law, San Diego, for amici curiae International Human Rights Organizations and International Law Scholars.

John P. Schnitker, Department of Justice, Washington, D.C., for amicus curiae United States of America.

Before: Mary M. Schroeder, Chief Judge, Alfred T. Goodwin, Circuit Judge, and Samuel P. King, District Judge.

Argued and Submitted June 11, 2001 — San Francisco, California.

OPINION

GOODWIN, Circuit Judge:

The appeal and cross-appeals in this case challenge a number of rulings in the litigation which followed the arrest of Humberto Alvarez-Machain ("Alvarez") at his office in Guadalajara by Mexican civilians, including Jose Francisco Sosa ("Sosa"), at the behest of United States Drug Enforcement Agency ("DEA") agents.

FACTUAL & PROCEDURAL...

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