Someone recently asked Mercado & Rengel what are the implication when someone is lured out of their country of residence to a third country and then “kidnapped” by agents of the USA and “extradited” without due process to the USA?
There are two parts to this question, the first is teh issue of being “lured” to a third country and the second relates to “Extraordinary or Extrajudcial Renditions”.
A lure involves using a subterfuge to entice a criminal defendant to leave a foreign country so that he or she can be arrested in the United States, in international waters or airspace, or in a third country for subsequent extradition, expulsion, or deportation to the United States. Lures can involve any sort of artifice from a rendesvous with a friend to a legitimate business deal.
(2) Extrajudicial “Extradition” or kidnapping
In United States v. Alvarez-Machain, 504 U.S. 655 (1992), the United Sattes Supreme Court found that a court has jurisdiction to try a criminal defendant even if the defendant was abducted from a foreign country against his or her will by United States agents. Tough this discision seems worngheaded to some, including us, the law in the USA is now settled such conduct is perfectly legal and in no way affects the ability of teh government to prosecute a case against the individual abducted.