Extradition of CJNG leader Abigael González Valencia is rejected by court

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Extradition of CJNG leader Abigael González Valencia is rejected by court

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This post was updated on .
Background: Abigael González Valencia (alias "El Cuini"), one of original members of the Jalisco New Generation Cartel (CJNG) and its financial branch Los Cuinis, was arrested in February 2015 in Puerto Vallarta. He is the brother-in-law of Nemesio Oseguera Cervantes (alias "El Mencho"), Mexico's most-wanted drug lord. The U.S. government has tried to extradite him for drug trafficking and money laundering charges since El Cuini was arrested, but his defense team has issued several motions to delay and/or reject his transfer. For more information on his early life, family, criminal career, and extradition process, please visit his Wikipedia page.


A federal court gave Abigael González Valencia, "El Cuini", a breathing space that will allow him to extend his legal battle to prevent his extradition to the United States for another year. The Sixth Criminal Collegiate Court granted a writ of amparo (similar to a habeas corpus) in El Cuini's favor and obliged Mexico's Ministry of Foreign Affairs to analyze the proceedings against him for crimes committed in Mexico and, based on that, to assess whether or not to defer his delivery to the U.S. Regardless of whether Mexico's Secretariat of Foreign Affairs (SRE). reorders his extradition, the ruling will lengthen the eventual delivery of the alleged drug trafficker, since his legal team can promote a new writ of amparo that would be resolved in at least one year. The U.S. seeks to extradite El Cuini because he faces drug trafficking, organized crime, and money laundering charges from an indictment of the U.S. District Court for the District of Columbia. He's also been linked to the Revolutionary Armed Forces of Colombia (FARC).

On October 11, 2016, the Sixteenth District Court of Federal Criminal Proceedings in Mexico City stated that El Cuini should be extradited, but left it up to SRE on whether or not the extradition should be deferred. A deferred extradition, established in Article 15 of the Extradition Treaty between Mexico and the United States, is expected when the individual claimed is subject to other legal proceedings in progress or is serving a sentence in Mexico. On December 21, 2016, the SRE granted his extradition and stated that the criminal proceedings he had pending in Mexico were not an impediment to deliver him to the U.S. However, a court rejected this motion because the SRE did not mention the deferral process in his extradition request nor mentioned the charges he was facing in Mexico (specifically in the states of Jalisco and Chiapas).

In order for the plaintiff to file a new extradition process against El Cuini, they have to collect a copies of his arrest warrant / preventative detention order issued against him in Jalisco and Chiapas. Then the SRE has to include language of the deferral process and the charges he faces in Mexico in the extradition request. Once this is processed, El Cuini's defense could challenge it via a writ of amparo.

Sources

* https://diario.mx/nacional/Alargan-estancia-de-El-Cuini-en-Mexico-20190117-1466467/
* https://www.infobae.com/america/mexico/2019/01/17/un-amparo-federal-echo-por-tierra-la-extradicion-del-lider-de-los-cunis-y-segundo-mando-del-cartel-jalisco-nueva-generacion/

Notes

* The information was in the news on January 17, 2019.
* Image is retrieved from the U.S. Department of the Treasury (2015). Likely owned by the Mexican government.
* Information on Wikipedia is under free domain and can be used freely.
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Re: Extradition of CJNG leader Abigael González Valencia is rejected by court

Chivis
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nicely republished---thank you
 
The way I see it.... the more people that don't like me, the less people I have to please