Extradition from Mexico—Edgar Acevedo

Last week, Mexican authorities in Cabo San Lucas arrested Edgar “Richie” Acevedo, who is wanted in Dallas in connection with the January kidnapping and killing of Dallas restaurateur Oscar Sanchez.^[1] Dallas County prosecutor Fred Burns noted that the extradition process will likely be a protracted affair because, under the terms of the extradition treaty between the United States and Mexico, extradition requests must go through diplomatic channels.^[2]

According to Mr. Burns, the paperwork involved in the case includes witness affidavits and Mr. Acevedo’s indictment.^[3] The file that the Dallas County prosecutor creates will then be sent to the US Department of Justice and then forwarded to the US Embassy and Mexican authorities.^[4] The file will also need to be translated into Spanish.^[5] As Mr. Burns said, he has “a 60-day window from the day of his arrest to finish all the paperwork. … The clock is ticking.”^[6]

While kidnapping and murder are both extraditable offenses under the treaty,^[7] the death penalty will not be sought because Mexico does not extradite prisoners who could face a death sentence.^[8] In most cases, Mexico does not even extradite if life in prison is sought, a factor which we have discussed here.

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[1] Holly Yan et al, Paperwork Prolongs Suspect’s Extradition, Dallas Morning News, Oct. 18, 2005, available here (registration required).
[2] Extradition Treaty, May 4, 1978, U.S.-Mex., art. 10, para. 1, 31 U.S.T. 5059.
[3] Yan, supra note 1.
[4] Id.
[5] Id.
[6] Id.
[7] See Treaty, appx. paras. 4 and 1 respectively.
[8] See Yan; Treaty, art. 8.