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AGUASVIVAS v. POMPEO

No. 19-1937.

984 F.3d 1047 (2021)

Cristian AGUASVIVAS, Petitioner, Appellee, v. Michael POMPEO, U.S. Secretary of State; Jeffrey Rosen, Acting U.S. Attorney General; John Gibbons, U.S. Marshal for the District of Massachusetts; Wing Chau, U.S. Marshal for the District of Rhode Island; Daniel Martin, Warden, Wyatt Detention Facility, Respondents, Appellants.

United States Court of Appeals, First Circuit.

January 7, 2021.

Attorney(s) appearing for the Case

Amy Barsky , with whom Fick & Marx LLP was on brief, for appellee.

Lee Gelernt , New York, NY, Cody Wofsy , San Francisco, CA, Roberto Gonzalez , and Lynette Labinger on brief for the American Civil Liberties Union Foundation and the ACLU Foundation of Rhode Island, amici curiae.

Christopher J. Smith , Associate Director, Office of International Affairs, Criminal Division, U.S. Department of Justice, with whom Brian A. Benczkowski , Assistant Attorney General, Criminal Division, Bruce C. Swartz , Deputy Assistant Attorney General, Criminal Division, Philip A. Mirrer-Singer , Trial Attorney, Office of International Affairs, Criminal Division, Andrew E. Lelling , United States Attorney, District of Massachusetts, Cynthia A. Young , Chief, Appeals Unit, District of Massachusetts, and Theodore B. Heinrich , Assistant United States Attorney, District of Massachusetts, were on brief, for appellants.

Before Lynch, Kayatta, and Barron, Circuit Judges.

The Dominican Republic requests Cristian Starling Aguasvivas for extradition. After a federal magistrate judge certified Aguasvivas as eligible for extradition, Aguasvivas filed a habeas corpus petition in the District of Rhode Island arguing, among other things, that the Dominican Republic had failed to provide the required...

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