context: Trinidad y Garcia fails to make out a claim cognizable on habeas by invoking the Convention Against Torture ("CAT") and alleging that, if extradited, he'll face torture at his destination. What's been historically cognizable on habeas review in the extradition context is (1) whether the executive branch has the authority to detain the extraditee in the first place and whether the judicial branch has exercised proper jurisdiction over him, all of which has already been litigated and resolved against Trinidad; (2) whether the executive is operating under a valid treaty authorizing extradition, which isn't disputed here; and (3) whether the extraditee's crime falls into the political offense exception, which Trinidad doesn't allege.
citation_a.signal: see also
citation_a.identifier: 218 F.3d 1009, 1009-10
citation_a.parenthetical: discussing the limited catego ries of habeas review in the extradition context
citation_a.sentence: See, e.g., Fernandez v. Phillips, 268 U.S. 311, 312, 45 S.Ct. 541, 69 L.Ed. 970 (1925) (“[In addition to] general principles relating to extradition, ... there are further limits to habeas corpus---- [H]abeas corpus is available only to inquire whether the magistrate had jurisdiction, whether the offense charged is within the treaty and, by a somewhat liberal extension, whether there was any evidence warranting the finding that there was reasonable ground to believe the accused guilty.”); Neely v. Henkel, 180 U.S. 109, 21 S.Ct. 302, 45 L.Ed. 448 (1901); Oteiza v. Jacobus, 136 U.S. 330, 10 S.Ct. 1031, 34 L.Ed. 464 (1890); see also Cornejo-Barreto, 218 F.3d at 1009-10 (discussing the limited catego ries of habeas review in the extradition context); John T. Parry, The Lost History of International Extradition Litigation, 43 Va. J. Int’l L. 93, 97 (2002) (same).
citation_b.signal: see
citation_b.identifier: 268 U.S. 311, 312
citation_b.parenthetical: "[In addition to] general principles relating to extradition, ... there are further limits to habeas corpus---- [H]abeas corpus is available only to inquire whether the magistrate had jurisdiction, whether the offense charged is within the treaty and, by a somewhat liberal extension, whether there was any evidence warranting the finding that there was reasonable ground to believe the accused guilty."
citation_b.sentence: See, e.g., Fernandez v. Phillips, 268 U.S. 311, 312, 45 S.Ct. 541, 69 L.Ed. 970 (1925) (“[In addition to] general principles relating to extradition, ... there are further limits to habeas corpus---- [H]abeas corpus is available only to inquire whether the magistrate had jurisdiction, whether the offense charged is within the treaty and, by a somewhat liberal extension, whether there was any evidence warranting the finding that there was reasonable ground to believe the accused guilty.”); Neely v. Henkel, 180 U.S. 109, 21 S.Ct. 302, 45 L.Ed. 448 (1901); Oteiza v. Jacobus, 136 U.S. 330, 10 S.Ct. 1031, 34 L.Ed. 464 (1890); see also Cornejo-Barreto, 218 F.3d at 1009-10 (discussing the limited catego ries of habeas review in the extradition context); John T. Parry, The Lost History of International Extradition Litigation, 43 Va. J. Int’l L. 93, 97 (2002) (same).