Miranda also declared that Valdez had told him he and Fabian Reyes Partida, aka "Domingo", (hereinafter Reyes) had assassinated Jesus Romero Magana because he was investigating Valdez' criminal activity. 3190. Martinez instructed Contreras and Cruz to drive a navy blue Cutlass to the Holiday Inn in Toluca. Valdez _ the godfather of one of the Arellanos children _ was arrested in September in Coronado, Calif. An extradition hearing began Thursday for Valdez and another man. For the reasons set forth in the Memorandum Decision Denying Bail (see footnote 1), the Court finds that the offense of carrying a firearm exclusive to the Army, Navy and Air Force lacks dual criminality and petitioner fails in its burden regarding extradition on that matter.[18]. These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. QUIERE LIBERTAD, DEBE VIDAS - Semanario ZETA In Zanazanian, the Ninth Circuit held that police reports which summarize the statements of witnesses are competent evidence, *1227 even though the same documents would be inadmissible hearsay in other contexts. Soto contends that he was arrested on September 12, 1996 and held in custody for some weeks. [39] MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, Page 6, lines 5-7 (Docket No. 577 (1901). In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. No charges have been filed against Anaya, and he denies the allegations. 33) which is similarly denied for the reasons stated. Valdez was ordered detained following arraignment. 3187 allow for the provisional arrest and detention of a fugitive in advance of the presentation of formal proofs. *1214 (3) First Degree Murder of Jesus Gallardo Vigil and Jesus Sanchez Angulo in violation of Article 302; Article 303, Sections I and III, Article 315 and Article 320 of the Penal Code for the Federal District. Finally, the United States submits evidence in the form of statements attributed to Respondent related to the disappearance and murder of Alejandro by the AFO and the organizations efforts to effect a recantation of Alejandro's November 30, 1996 deposition. Emilio Ricardo Valdez Mainero Exp: 526/2019 - PoderJudicialVirtual.com The testimony of Miranda, taken by Assistant United States Attorney Curiel, corroborates the substance of the evidence collected at the *1228 scene and statements by non-involved witnesses. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. As to Soto, his three statements to the Mexican authorities, two on September 27, 1996 and one on September 30, 1996, respectively, do not reference any injury. The filing of certified documents permitted Mexico to go forward with the extradition proceeding under the Treaty. In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. (5) Gilberto Vasquez Culebro. Extradition treaties do not contemplate the introduction of testimony of live witnesses by the Respondent to contradict the demanding country's proof. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. Oen Yin-Choy v. Robinson, 858 F.2d 1400, 1407 (9th Cir.1988). [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. The case against the juniors spilled into U.S. courts after the Sept. 30 arrest of Emilio Valdez Mainero, 32, the baby-faced son of a deceased Tijuana colonel. Under that rule, "an extraditing court will generally not inquire into the procedures or treatment which await a surrendered fugitive in the requesting country." Cruz testified based upon his personal acquaintance with the individuals named in the statement, and his participation in various events and circumstances, as well as conversations, with the individuals involved. Respondent urges that this Court decline extradition based upon a "humanitarian exception" in that he is likely to be tortured based upon his alleged relationship to the Arellano-Felix brothers. In Matter of Extradition of Pazienza,619 F. Supp. At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. The Court may act upon unsworn statements of absent *1223 witnesses, although they could not have been received by the judge under the law of the state in a preliminary examination. Augustin also indicates that Alejandro told him that the Mexican officers intended to torture and kill Alfredo Hodoyan Palacios should he be extradited to Mexico. Valdez moved the Court for release under the special circumstances doctrine. On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. [17] Article 9(1) provides in pertinent part, "the executive authority of the requested party shall have the power to deliver them up if, in its discretion, it is deemed proper to do so". When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.". Thus, it has been held appropriate to permit evidence that tends to obliterate probable cause but not evidence which merely contradicts the same. The Ninth Circuit recognizes that barring hearsay from extradition hearings would thwart one of the objectives of bilateral extradition treaties by requiring the requesting nation to send its citizens to the extraditing country to confront the accused. Por Investigaciones ZETA. "EL Lobo"Hodoyan of the CAF gains his freedom - Borderland Beat D. Gilberto Vasquez Culebro, aka "Cachuchas" On September 30, 1996, Gilberto Vasquez Culebro (hereinafter "Vasquez") gave a statement to Jose Luis Juarez Garcia, an agent of the Mexican federal public prosecutor in Mexico City, Mexico. Mr. Valdez became a top operative in the organization, arranging drug shipments and assassinations, the Mexican and American police have charged in court. 1103. Specifically, their testimony is summarized as follows: A. Gerardo Cruz Pacheco, aka "Capitan," On October 12, 1996 at 1:00 p.m.,[23] Gerardo Cruz Pacheco, aka "Capitan," (hereinafter "Cruz"), made a signed statement before Alma Leticia Lares Tenorio, an agent of the Mexican Federal Public Prosecutor. November 4, 1997. Los jvenes que cayeron en las garras de los hermanos Arellano Flix fueron: Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, hijo de un empresario, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. 2d 476 (1968), is also unpersuasive in this regard. denied, 405 U.S. 989, 92 S. Ct. 1251, 31 L. Ed. [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. Fed.R.Evid. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. NARCOTRAFICO: DETENCIONES DE 1RA GENERACION DEL CAF - Blogger [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. View phone numbers, addresses, public records, background check reports and possible arrest records for Emilio Valdez. Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. [37] Respondent criticizes Mexico for not filing this set of documents. [26] In Respondent's REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY (Docket No. Based on the above evidence, this Court finds that there is probable cause to believe that Valdez committed the crime of criminal conspiracy as alleged in the extradition request. The right of confrontation,[46] specifically, has been held inapplicable, as have the Federal Rules of Criminal Procedure, and the Federal Rules of Evidence. United States v. Valdez-Mainero | CASE NO. 97cr1798 JM - Casemine Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. 96-1798-M. United States District Court, S.D. [16] Further, it is not the responsibility of this Court to assess the probability that the requesting party will be able to secure a conviction. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION RE: DETAINEE'S RESPONSE TO EXTRADITION REQUEST AND REQUEST FOR RELEASE, p. 55, lines 17, et seq., Docket No. The Court is not limited in its receipt of this evidence by virtue of the lack of certification. Sign up for our free summaries and get the latest delivered directly to you. Valdez told Contreras, "Wait for me here and when you see us leave the parking lot in the white Volkswagen, make a wall so that we won't be followed". Appellant appealed the habeas corpus denial to the Second Circuit. He referred to Ibarras murder and seven other major assassinations in the past 15 months that remain unsolved. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. One of the gang's leaders, Ramon Arellano Felix, was placed on the FBI's Most Wanted list in September. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. Specifically, the tape of the interview with Miranda, all notes and interview sheets, and documentation concerning Assistant United States Attorney Curiel's agency on behalf of Mexico. The Miranda statement provides competent evidence to support a finding of probable cause that Valdez was involved in the Gallardo and Sanchez murders of April 9, 1996. Emilio Ricardo Valds Mainero, (a) "Len" o "Ricardo Gonzlez Len", detenido el 30 de septiembre de 1996, en San Diego, California, por posesin ilegal de armas y de estupefacientes. He declared that, in May, 1992, Ramon Arellano-Felix and Valdez killed rival drug traffickers, the Olmos brothers, and that Valdez told him and other members of the AFO that Valdez would pay $150,000 to them if they took the blame for the Olmos murders. During the drive, Contreras told Cruz that, "his friends in the white Volkswagen wanted to say hello to a fellow citizen who was in Toluca to train for boxing." As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. Two Mexican men to be extradited for drug-related murders [22] The individuals related to this case are often referred to in the evidence by nicknames. Mexico has filed the videotapes, the evidence concerning Respondent's statements regarding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 Declaration by Alejandro Hodoyan, as well as the statements by Alejandro to U.S. agents. 956 (1922), In re Locatelli,468 F. Supp. If the Court determines that all the requisite elements have been met, the findings are incorporated into a certificate of extraditability. These three were carrying short range firearms in a white Volkswagen. Ellos son los narcojuniors reales de Narcos Mxico 3 - Soy502 You already receive all suggested Justia Opinion Summary Newsletters. Id. 2d 455 (1972). Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . Columna. [38] These are the same statements offered in this matter to support the request for extradition. United States District Court, S.D. Bingham v. Bradley,241 U.S. 511, 36 S. Ct. 634, 60 L. Ed. 00:15. Otro de los reclutados fue Alfredo Hodoyan Palacios, quien era hijo de un empresario prominente en Tijuana. Specifically, Respondent sought "all witness statements submitted in General Gutierrez Rebollo's case to determine whether or not there is additional relevant testimony." Mexican prosecutors persuade California courts to send Alfredo Hodoyan Palacios and Emilio Valdez Mainero, alleged paid killers for a vicious drug ring based in Tijuana, back to Mexico to face . The contours of the extradition proceeding were shaped by the Treaty and statute. Entre los jvenes reclutados por el narcotrfico mexicano se encentraban Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, Eduardo Len, los hermanos Endir y . Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. 96-1798-M. United States District Court, S.D. The date of production for the photographic evidence was set for November 5, 1997[9] and later extended with properly authenticated and certified originals being filed on December 1, 1997. Demandado: Emilio Ricardo Valdez Mainero. Miranda details numerous other criminal activities in which Valdez and others in the AFO were involved, including the assassination of Larios Guzman, the July 1994 assassination of multiple military officers, the kidnaping and murder of a person with the last name Margain, and the kidnaping of a man with the last name Baloyan. 956 (1922). These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. Kitty Pez, el narcojunior real que interpreta Bad Bunny en "Narcos The statements attributed to Respondent Valdez from the wiretape surveillance,[35] result in a finding that Alejandro's March 3, 1997 declaration and personal notes were contrived and are unreliable. The United States has filed videotapes of Alejandro's November 30, 1996 deposition. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. Narcos Mxico 3: Ellos son los verdaderos "narcojuniors" en los que [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States. Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. This finding could be based upon the testimony of Miranda and Alejandro, alone. Mexican Tale: Drugs, Crime, Torture and the U.S. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. Article 11, Paragraph 3, provides that the provisional arrest "shall be terminated" if the United States does not receive the formal request for extradition and the necessary documents specified in Article 10 within 60 days after the detainee's apprehension. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . Id. 1136 (1916). Cartel May Have Targeted U.S. Prosecutor - Los Angeles Times Another Mexican, questioned by prosecutors while in the intensive care unit of a San Diego hospital, said the hit on the 50-year-old Ibarra was planned carefully by Arellano organization members. However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. The Extradition Hearing was continued on several occasions after the January 14, 1997 filing, with the consent of the parties, to allow for further preparation and response to the evidence. Prior to the June 30, 1997 evidentiary hearing on the extradition requests, there were numerous other filings by the United States and by counsel for the detainee as well as several status hearings. Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener Criminal activity is defined as those who agree to or plan the crime, commit the crime themselves and/or commit the crime jointly with others (Article 13, Sections 1 through 3, inclusive). Argument, inference and innuendo is all that has really been presented here. Defense counsel was provided for Mr. Cruz. Miranda was granted "use immunity" for giving the statement. They are: (1) Ministerial Statement of September 27, 1996, at 1140 a.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (2) Additional Ministerial Statement of September 27, 1996, at 6:30 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (3) Additional Statement of September 30, 1996, at 9:00 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor in Mexico City, Mexico; and. mayo 9, 2022. The limitations of the judicial review at this stage of the proceedings, however, should not be an excuse to admit evidence presented without apparent foundation or any independent indicia of trustworthiness. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando an existan. Ejecutivo Mercantil Autr. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. Emami v. United States District Court for N. District of California, 834 F.2d 1444, 1453 (9th Cir.1987). Specifically, Respondent asserts that evidence included in the second extradition packet should not be received or considered by the Court. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. In Emami v. United States, 834 F.2d 1444 (9th Cir.1987), Emami contended that Germany had presented no competent evidence upon which the district court could make a finding of extraditability because Germany relied on facts which prosecutor Keller related in his affidavit which consisted solely of inadmissible hearsay statements made by Emami's former patients and employees. Quines son los narcojuniors reales de Narcos Mxico 3 - EL DEBATE MAINERO v. GREGG (1999) | FindLaw 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). Respondent also challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. California. Gill v. Imundi,747 F. Supp. Defense counsel was provided for Mr. Cruz Vasquez identifies himself as a member of the AFO and states that in March, 1996, he had several visitors to his home, including Respondent Valdez, Martinez, and co-extraditee Alfredo Hodoyan Palacios. Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 25. Citations Copy Citation. Martinez told Cruz that he would receive some money if Cruz would hold the 38 Super and the 9mm guns that they had used to kill Gallardo and Sanchez. 'Narcos: Mxico 3' reparto: Quin es 'Kitty' Pez? Historia - RPP The respondent offers a handwritten declaration of Alejandro, dated March 3, 1997, to document his being detained, interrogated and tortured. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 5.1 is denied. EMILIO VALDEZ MAINERO (hereinafter "Valdez" or "Respondent") 1 is accused by Mexico of having been involved with or committing various crimes in violation of . The two perpetrators escaped in a white Volkswagen. [10] The firearms charge initially asserted by Mexico and related to the events on or about April 13, 1994 appears to have been abandoned. [33] On June 19, 1997, Respondent filed a REPLY TO GOVERNMENT'S RESPONSE RE: EXTRADITION AND REQUEST FOR DISCOVERY requesting, among other things, that the Court "order the government to turn over any other relevant information which might help the detainee explain the `evidence' lodged against him" (Docket No. Family and friends will gather for his funeral services at 10:00 am on Saturday, September 7, 2019 at Lake Ridge ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. [3] See Memorandum Decision Denying Bail Pending Extradition Proceedings filed 10/21/96 (Docket No. MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. 1996) He states that the reason that Gallardo was murdered was because he had allowed "Chapo Guzman" into the territory of Tijuana to deal drugs and push out Benjamin Arellano Felix. Alejandro's statement, at page 13, implicates Respondent[47] in the murder. [45] The physical injuries to Cruz are certainly suspicious in this regard. 1462, 1469 (S.D.Tex.1992). "Narcos Mxico" temporada 3: las historias reales de los narcojuniors The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Whitepages people search is the most trusted directory. Hearsay evidence is admissible on behalf of the Respondent to establish the "obliteration" of probable cause. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. Hodoyan haba estudiado en una . That conclusion is based on the following analysis. 448 (1901); Simmons v. Braun, 627 F.2d 635 (2d Cir.1980); Charlton v. Kelly,229 U.S. 447, 461, 33 S. Ct. 945, 57 L. Ed. The Republic of Mexico seeks to extradite Valdez to answer the following charges: (1) Carrying a firearm exclusive to the Army, Navy and Air Force on or about April 9, 1996 in violation of Article 83, Section II, in accordance with Article 11, Section (b), of the Federal Law of Mexico on Weapons and Explosives;[10]. United States v. Valdez-Mainero - casetext.com The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. 448 (1901). Emilio Valdez Mainero declara que en mayo de 1992, l, Arturo "Kitty" Pez Martnez, Fabin Martnez Gonzlez "El Tiburn", David Barrn Corona y Jorge Alonso, fueron a buscar para matarlo, a Ricardo Olmos; que despus que lo localizaron como usuario de un taxi, se emparejaron al vehculo y Valdez y Barrn descendieron del . ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. Barrett v. United States, 590 F.2d 624 (6th Cir. At approximately 9:00 p.m., the two cars arrived at the Holiday Inn, Toluca, Valdez and Martinez got out of the car. As a result, the Court finds Treaty compliance in this respect and denies Respondent's request for release on this basis. 2d 496 (1990). Quines son los narcojuniors en los que est basada la historia . While 3188 requires the United States to deliver a person committed for extradition to a foreign government within two months, that provision has no application to the proceedings in this case, at this stage, as commitment does not occur prior to the certification of the Respondent's extraditability by the Court. In Escobedo v. United States, 623 F.2d 1098, 1107 (5th Cir. The scope of this proceeding is narrow and is limited to the existence of probable cause and the evidence, received by virtue of the Treaty provisions and applicable law. But federal prosecutors said that the information is valuable for this case and others, and that the mens credibility is proved by the way their stories fit together. According to testimony given to Mexican authorities, the Arellanos _ led by brothers Benjamin, Ramon, Javier and Francisco _ have been able to coordinate major assassinations with the aid of the attorney general of Baja California, Jose Luis Anaya Bautista. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. at 952. Narcos Mxico: who were the narcojuniors in real life - El Comercio 96-1828 M, in The Matter of the Extradition of Alejandro Hodoyan Palacios, Docket No. 2d 61 (1970). Los narcojuniors reales de Tijuana. While the motion was denied, the Court did find good cause to order the production of further evidence described by the United States in its responsive papers as becoming available since the June 30, 1997 extradition hearing. Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. The Court is sensitive to the practical and legal limitations on Respondent's ability to challenge the evidence in the extradition proceeding. 33. 1983). Miranda's testimony is not only generally consistent with the statements of others, but is based upon his acquaintance and involvement with the individuals described therein. [6] The Court also directed the United States to request from Mexico, a signed statement of Seargent Ruiz and evidence of all dates of arrest after September 1, 1996 of witnesses Soto, Alejandro Hodoyan, Francisco Cabrera Castro and Gerardo Cruz Pacheco.[7]. *1209 *1210 *1211 *1212 Michael Pancer, Law Office of Michel Pancer, San Diego, CA, for Emilio Ricardo Valdez. The United States has also offered statements from interviews between Alejandro and federal agents in February of 1997 which are asserted to corroborate Alejandro's knowledge of the AFO and his willingness to cooperate. The notes are identified by Augustin Hodoyan, Alejandro's brother. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." [4] As presented, the documentary evidence in this regard appears to supplement, not supersede, the previous filings of certified documents in support of the request for extradition. Additionally, it is not the business of the United States Courts to assume responsibility for supervising the integrity of a judicial system of another sovereign nation; such an assumption would directly conflict with the principal of comity on which extradition is based. The Ruiz statement presents conflict with regard to dates of the arrest of some of Mexico's witnesses and is asserted to corroborate the use of torture in this case as well as create conflicts in Mexico's evidence in challenging the reliability of the evidence Mexico relies upon in this proceeding. BATTAGLIA, United States Magistrate Judge. 611 (S.D.N.Y.1985). Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980).