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Aydiner v. Premo

United States District Court, Ninth Circuit

October 10, 2013

DENIZ CINAR AYDINER, Petitioner,
v.
JEFF PREMO, Respondent.

PER C. OLSON, Hoevet, Boise & Olson, P.C., Portland, Oregon, Attorney for Petitioner.

ELLEN F. ROSENBLUM, Attorney General, SAMUEL A. KUBERNICK, Assistant Attorney General, Oregon Department of Justice, Salem, Oregon, Attorneys for Respondent.

OPINION AND ORDER

MALCOLM F. MARSH, District Judge.

Petitioner, an inmate at the Oregon State Penitentiary, brings this habeas corpus petition pursuant to 28 U.S.C. § 2254 seeking relief on the grounds that the state trial court lacked personal jurisdiction over him, state and federal authorities violated his due process rights in procuring his arrest, and the state trial court violated his constitutional rights in quashing subpoenas and denying an evidentiary hearing on his motion to dismiss. Pet. (#1) at 2-3. For the reasons set forth below, the petition is DENIED.

FACTUAL AND PROCEDURAL BACKGROUND

The relevant facts are undisputed. On May 29, 2001, petitioner sexually assaulted and murdered Catherine Johnson, a student at the University of Portland. On February 5, 2003, while the murder investigation was ongoing, petitioner provided a DNA sample to Portland Police detectives as part of a broad-based effort to gather DNA samples from those who were acquainted with the victim. Resp.'s Exh. 117 at 3. Subsequently, petitioner traveled home to Turkey, the country of his citizenship. On March 26, 2003, petitioner attempted to re-enter the United States, but was prohibited from doing so because he had previously overstayed his visa. Id . Upon returning to Turkey, petitioner and his wife, a United States citizen, made ongoing efforts to obtain a visa for petitioner's return to the United States as the spouse of an American citizen. Id.

On June 3, 2003, Portland Police detectives received a report from the Oregon State Police Crime Lab indicating that petitioner's DNA was consistent with DNA samples obtained at the crime scene. Id . The next day, the Portland Police and Multnomah County District Attorney's Office determined that petitioner was in Istanbul, Turkey. Id . The District Attorney's Office contacted U.S. Department of Homeland Security (DHS) officials about petitioner's immigration status and was informed that petitioner and his wife were attempting to secure his re-entry into the United States. Id. at 3-4.

On November 7, 2003, a warrant was issued for petitioner's arrest that was kept under seal and not entered into any local, national, or international databases. Id. at 4. Three days later, the Multnomah County District Attorney sent a letter to the Office of International Affairs of DHS requesting that petitioner be granted a "silent parole, " by which petitioner would be allowed to re-enter the United States. Id . On December 15, 2003, petitioner's wife received an email from a DHS employee at the U.S. Embassy in Athens, Greece advising her that petitioner had been granted a waiver of ineligibility to re-enter the United States, and he was to contact the U.S. Embassy in Ankara, Turkey to follow up on his visa application. Pet.'s Mem. in Supp. (#23) Exh. 3.

During his appointment at the U.S. Embassy in Ankara, petitioner provided a set of fingerprints, and was instructed that the Embassy in Ankara would retain his passport and new visa until petitioner purchased airline tickets and provided a copy to the Embassy. Petitioner subsequently purchased an airline ticket back to Portland, Oregon, and forwarded a copy to the Embassy. Shortly thereafter, petitioner received a package from the Embassy containing his passport, a three-day visa concluding the day he was scheduled to arrive in Portland, and a sealed envelope labeled "Do Not Open." Upon inquiring why his visa expired after three days, petitioner was informed that it would be extended upon his arrival in the United States. Resp.'s Exh. 117 at 4.

Meanwhile, on January 13, 2004, unbeknownst to petitioner, federal immigration officials lodged a detainer providing that an "[i]nvestigation has been initiated to determine whether [petitioner] is subject to removal from the United States." Pet.'s Mem. in Supp. Exh. 3. On January 16, 2004, petitioner returned to the United States. Upon his arrival in the United States, petitioner was arrested for the murder and sexual assault of Catherine Johnson. Ultimately, petitioner was indicted on eleven counts of Aggravated Murder, carrying a maximum penalty of death, one count of Kidnaping in the Second Degree, one count of. Sexual Abuse in the First Degree, one count of Attempted Rape in the First Degree, two counts of Sodomy in the First Degree, and four counts of Burglary in the First Degree. Id.

Petitioner Moved to dismiss the charges on the basis that the state court did not have personal jurisdiction over him because the government's efforts to facilitate petitioner's return to the United States violated the extradition treaty between Turkey and the United States. To this end, petitioner served several subpoenas seeking documents and testimony about the details of the government's effort to bring petitioner back to the United. States. The state trial court granted motions to quash the subpoenas, and declined to hear testimony in an evidentiary hearing because respondent stipulated to the facts concerning its efforts to return petitioner to the United States.

On June 27, 2005, the state trial court denied petitioner's motion to dismiss, and on July 12, 2005, a subsequent motion to reconsider. On October 4, 2005, petitioner filed a petition in this court for a writ of habeas corpus under 28 U.S.C. § 2241 and moved to stay the state court proceedings. This court abstained from exercising jurisdiction. Resp.'s Exh. 117. While petitioner's appeal from this court's judgment was pending, he conditionally pled no contest in state court to ten counts of Aggravated Murder, one count of Sexual Abuse in the First Degree, one count of Attempted Rape in the First Degree, two counts of Sodomy in the First Degree, and four counts of Burglary in the First Degree, reserving his right to appeal the denial of the motion to dismiss. Resp.'s Exh. 103. Petitioner agreed to a stipulated sentence of life imprisonment with the possibility of parole after 37 years. Id. at 14.

The Oregon Court of Appeals affirmed the trial court's denial of the motion to dismiss, exclusion of witness testimony at an evidentiary hearing, and quashing of the subpoenas. Resp.'s Exh. 138; State v. Aydiner , 228 Or.App. 282, 208 P.3d'515 (2009). The Oregon Supreme Court denied review. Resp.'s Exh. 140; State v. Aydiner , 347 Or. 259, 218 P.3d 541 (2009). The United States Supreme Court denied certiorari. Aydiner v. Oregon , 131 S.Ct. 530 (2010).

Petitioner subsequently filed the instant petition alleging three grounds for relief. In Ground One, petitioner argues that state and federal officials' actions in facilitating his return to the United States violated the extradition treaty between Turkey and the United States (the Treaty). Pet. at 2-3. In Ground Two, petitioner maintains that state and federal officials' actions violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Pet, at 3. Finally, in Ground Three, petitioner argues that the state trial court's quashing of petitioner's subpoenas and denial of an evidentiary hearing on his motion to ...


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