United States v. Alvarez-Machain

Citation. United States v. Alvarez-Machain, 504 U.S. 655, 112 S. Ct. 2188, 119 L. Ed. 2d 441, 1992 U.S. LEXIS 3679, 60 U.S.L.W. 4523, 92 Cal. Daily Op. Service 5002, 92 Daily Journal DAR 7984, 6 Fla. L. Weekly Fed. S 390 (U.S. June 15, 1992)

Brief Fact Summary. Alvarez-Machain (D) abducted from Mexico for trial in the U.S. (P) by Drug Enforcement Agency (DEA) agents, contended that his abduction was illegal because of an extradition treaty between the United States (P) and Mexico.

Synopsis of Rule of Law. The presence of an extradition treaty between the United States and another country does not necessarily preclude obtaining a citizen of that nation through abduction.

Facts. Agents of the DEA abducted Alvarez-Machain (D) from his office in Mexico because he was wanted in the U.S. (P) for alleged complicity in the torture-murder of a DEA agent. But by contending that his abduction violated a U.S.-Mexico extradition treaty, Alvarez (D) sought to dismiss the indictment. His prayer was granted by the district court and the indictment was dismissed. The court of appeals affirmed while the U.S. Supreme Court granted review.

Issue. Does the presence of an extradition treaty between the United States and another country does not necessarily preclude obtaining a citizen of that nation through abduction?