United States District Court, D. Oregon
OPINION AND ORDER
MICHAEL W. MOSMAN UNITED STATES DISTRICT JUDGE
brings this habeas corpus case pursuant to 28 U.S.C. §
2241 challenging his certification for extradition. For the
reasons that follow, the Petition for Writ of Habeas Corpus
(#1) is denied.
November 23, 1998, Petitioner robbed a branch of the Canada
Trust Bank in Halifax, Nova Scotia. Three days later, he pled
guilty to one count of Robbery in violation of Section 344 of
the Criminal Code of Canada and received a 42-month prison
August 28, 2000, Canadian authorities released Petitioner on
day parole, instructing him to proceed directly to a
community-based residential facility in Halifax. Petitioner
never showed up to the residential facility, prompting the
revocation of his parole and the issuance of an arrest
2012, American authorities arrested Petitioner for driving
under the influence. They contacted the Correctional Service
of Canada ("CSC") notifying it of Petitioner's
detention, but released Petitioner before the CSC finalized
its decision regarding extradition. Misc. Docket (#1-3), p.
2014, the U.S. Forest Service discovered Petitioner sleeping
in a park, confirmed his identity via photographs, and
notified the CSC of Petitioner's status and whereabouts.
The CSC declined to make an extradition request at that time
due to Petitioner's transient status. Id.
2, 2015, a Deschutes County Deputy Sheriff contacted the CSC
to report that he had discovered Petitioner at a property in
Bend while investigating a complaint of neglected llamas. As
a result of this contact, on October 26, 2015, the Government
of Canada formally requested Petitioner's extradition,
and twice supplemented that request on June 28, 2016 and
August 26, 2016, respectively. Misc. Docket (#1-1), p. 2.
February 28, 2017, the U.S. District Court issued a warrant
for Petitioner's arrest based upon Canada's
extradition request. Two days later, authorities arrested
Petitioner at the Bend residence where he had been discovered
on July 2, 2015. On March 6, 2017, the Honorable Paul Papak
released Petitioner on conditions. Misc. Docket (#5).
12, 2017, Judge Papak conducted an extradition hearing, and
followed up with a supplemental hearing six days later. On
August 7, 2017, Judge Papak certified Petitioner as
extraditable to Canada. Misc. Docket (#27).
filed this 28 U.S.C. § 2241 habeas corpus case
challenging Judge Papak's extradition certification on
1. The Canadian Parliament never ratified the Extradition
Treaty, thus it has no effect;
2. The "dual criminality" requirement has not been
met in this case because the robbery of a bank insured by the
Federal Deposit Insurance Corporation ("FDIC") is