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Jose Trinidad Martinez Santoyo v. Lasha Boyden, former United States Marshal for the Eastern District of California, et al.

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-1967 · judgment March 11, 2025


Certiorari denied · October 6, 2025

Question presented

The Extradition Treaty between the United States and Mexico provides: Extradition shall not be granted when the prosecution or the enforcement of the penalty for the offense for which extradition has been sought has become barred by lapse of time according to the laws of the requesting or requested Party. Article 7, United States-Mexico Extradition Treaty Signed at Mexico City May 4, 1978, T.I.A.S. No. 9656 (Jan. 25, 1980), App. 45a (emphasis added). Under the terms of the United States-Mexico extradition treaty, is the Sixth Amendment Speedy Trial Clause a law of the United States that can bar a criminal prosecution due to the lapse of time?

Counsel of record

For petitioner
Carolyn Mary Wiggin
Office of the Federal Defender E.D. Cal.

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jun 18 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jun 10 2025
    Waiver of right of respondent Federal Respondents to respond filed.
  4. May 29 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2025)