File 3 - José Francisco Sosa v Humberto Álvarez-Machain

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Reference code

UGA P143/1/2/42/3

Title

José Francisco Sosa v Humberto Álvarez-Machain

Date(s)

  • 18/10/2003-28/02/2004

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117pp

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Kiki Camarena, Drug Enforcement Administration (DEA) special agent was kidnapped and murdered by a Mexican drug cartel in 1985. After an investigation, the DEA concluded that Humberto Álvarez-Machaín had participated in the murder. A warrant for his arrest was issued by a federal district court. The DEA, however, was unable to convince Mexico to extradite Álvarez-Machaín, so they hired several Mexican nationals to capture him and bring him back to the United States. His subsequent trial was appealed all the way to the Supreme Court, which found that the government could try a person who had been forcibly abducted, but that the abduction itself might violate international law and provide grounds for a civil suit.

Material includes email printout of correspondence between Harold Koh. Counsel of Record and Professor of International Law, Yale University, Benjamin Hensler, Yale University and Mary Robinson (MR) asking if she would serve as amicus curiae in a brief to be filed in case of Sosa v Alvarez-Machain, 11/02/2004; email print out of correspondence between MR, Koh and (Lord) Anthony Lester, Queen’s Counsel including printed attachment of draft brief 22-23/02/2004; print out of email from Koh to multiple recipients and attached pdf of copy of Brief of Amici Curiae International Jurists in Support of affirmance in Sosa v Alvarez-Machain, 28/02/2004; published Brief "No. 03-339 in the Supreme Court of the United States José Francisco Sosa, Petitioner, v Humberto Alvarez-Machain, Respondent. On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit Brief of Amici Curiae International Jurists in Support of Affirmance", 2004.

MR’s involvement in this case is as one of International Commission of Jurists and was amicus curiae.

Also included in this file is correspondence from Koh to MR in relation to another Amicus brief "Hamdi v Rumsfeld" which MR was happy to join as lead amicus, 18/10/2003-18/02/2004.

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      Dates of creation revision deletion

      07/10/2024
      17/07/2025

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