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TRINIDAD Y GARCIA v. THOMAS

No. 09-56999.

683 F.3d 952 (2012)

Hedelito TRINIDAD Y GARCIA, Petitioner-Appellee, v. Linda THOMAS, Warden, Metropolitan Detention Center-Los Angeles, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2012.

Attorney(s) appearing for the Case

Douglas Neal Letter (argued), Lisa Olson and Scott R. McIntosh , United States Department of Justice, Civil Division, Appellate Staff, Washington, D.C.; Daniel Scott Goodman and Michael J. Raphael , Office of the United States Attorney, Los Angeles, CA, for the respondent-appellant.

Craig Anthony Harbaugh (argued) and Sean Kevin Kennedy , Federal Public Defender's Office, Los Angeles, CA, for the petitioner-appellee.

Lee Gelernt and Jennifer Chang Newell , American Civil Liberties Union Foundation, New York, NY, and San Francisco, CA, for amicus American Civil Liberties Union.

PER CURIAM Opinion; Concurrence by Judge THOMAS; Dissent by Judge TALLMAN; Partial Concurrence and Partial Dissent by Judge BERZON; Partial Concurrence and Partial Dissent by Judge PREGERSON; Partial Dissent by Chief Judge KOZINSKI.

OPINION

PER CURIAM:

Trinidad y Garcia alleges that his extradition to the Philippines would violate his rights under the Convention Against Torture (CAT)1 and the Fifth Amendment's Due Process Clause. The CAT is a treaty signed and ratified by the United States, but is non-self-executing. 136 Cong. Rec. 36,198 (1990). Congress, however, has implemented the treaty by statute as part of

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