Extradition from the United States to Mexico—Omar Navarro Amavisca

A man who has been “charged with multiple counts of sexual assault, kidnapping, first degree burglary and armed robbery,” is also wanted for a homicide in Mexico.^[1] Omar Navarro Amavisca allegedly, with three other individuals, “entered an apartment [in Tucson] with the intention of stealing drugs and money”; they then “proceeded to sexually assault two of the three women who were in the apartment.”^[2] The charges in Mexico have not been fully detailed, but it seems that Mr. Navarro Amavisca “has been on the run for the last six years,” and once he “has gone through the court process for his charges in Tucson, he will be extradited to Mexico on the homicide charge.”^[3]

There need not necessarily be a delay in Mr. Navarro Amavisca’s extradition hearing. Under the extradition treaty between the US and Mexico, the hearing can occur and the surrender of the individual can be deferred “when that person is being proceeded against or is serving a sentence in the territory of the Requested Party for a different offense,” until the proceedings in the Requested Party have been concluded.^[4]

Alternatively, under the Protocol to the treaty, the Requested Party, if it grants an extradition request made under the treaty, “may temporarily surrender a person who has been convicted and sentenced in the Requested Party, in order that the person sought may be prosecuted in the Requesting Party before or during service of sentence in the Requested Party. The person so surrendered shall be kept in custody in the Requesting Party, and shall be returned to the Requested Party after conclusion of the proceedings, in accordance with conditions to be determined by agreement of the Parties for that purpose.”^[5] In the event the individual is found not guilty in the Requesting Party, the length of his custodial sentence will be credited to his sentence in the Requested Party.^[6]

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[1] Heidi Rowley, Sex Assault Suspect Wanted in Mexico Killing, Tucson Citizen, Aug. 23, 2006.
[2] Id.
[3] Id.
[4] Extradition Treaty, May 4, 1978, U.S.-Mex. art. 15, 1978 UST LEXIS 317.
[5] Protocol to the Extradition Treaty, Nov. 13, 1997, U.S.-Mex. art. 1, para. 2, S. Treaty Doc. No. 105-46.
[6] Id. art. 2, para. 3.