Extradition from Mexico—Richard Flores

An El Paso man who was captured in Juárez, Mexico, may not be extradited to the United States for another two years.^[1] Richard Flores was arrested by Mexican authorities on September 23 after being sought since April 29, when the body of his 20-year-old girlfriend was found wrapped in plastic bags in the closet of his home.^[2] Even though Mr. Flores is a US citizen, there are no assurances that Mexican officials will extradite him. As El Paso District Attorney Jaime Esparza says, extradition “is a process that will go through the courts in Mexico. He can fight the extradition on several grounds. The usual ground would be that he has ties to Mexico and that those ties are so strong he should be kept in Mexico.”^[3]

The extradition treaty between the United States and Mexico does not bar Mexico from extraditing Mr. Flores simply because he has ties to Mexico. However, unless the United States provides assurances that Mr. Flores will not face the death penalty, Mexico is not obligated to extradite him.^[4] Mexico may still elect to do so, but it is not obligated to because Mexico does not impose the death penalty. Furthermore, Mexico is hesitant to extradite individuals who may face life in prison because most Mexican states have laws that limit total prison sentences to no more than fifty years.^[5]

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[1] Tammy Fonce-Olivas, Suspect’s Extradition May Take Two Years, El Paso Times, Sept. 27, 2005, available here.
[2] Id.
[3] Id.
[4] Extradition Treaty, May 4, 1978, U.S.-Mex., art. 8, 31 U.S.T. 5059.
[5] For information on this aspect of Mexican extradition law, please see out post about it here.