Miguel Salerno appeals from the denial of his petition for a writ of habeas corpus in which he challenges the magistrate's order certifying him extraditable to Australia. On May 4, 1989, the district court denied Salerno's motion for bail pending appeal. He now moves this court for bail pending appeal.

There is a presumption against bail in an extradition case and only "special circumstances" will justify bail. Wright v. Henkel, 190 U.S. 40, 63, 23 S.Ct. 781, 787, 47 L.Ed. 948 (1903); Hu Yau-Leung v. Soscia, 649 F.2d 914, 920 (2d Cir.), cert. denied, 454 U.S. 971, 102 S.Ct. 519, 70 L.Ed.2d 389 (1981). Examples of such circumstances include the raising of substantial claims upon which the appellant has a high probability of success, a serious deterioration of health while incarcerated, and unusual delay in the appeal process. See Aronson v. May, 85 S.Ct. 3, 5, 13 L.Ed.2d 6 (1964); United States v. Williams, 611 F.2d 914, 915 (1st Cir. 1979); Galante v. Warden, 573 F.2d 707, 708 (2d Cir. 1977).

Salerno has not demonstrated that he is entitled to release under this standard. Instead, he contends that because he is not a flight risk, he is entitled to bail pending the appeal of the denial of his petition for a writ of habeas corpus. That is not the criteria for release in an extradition case. Kamrin v. United States, 725 F.2d 1225, 1228 (9th Cir. 1984). We therefore deny his motion for bail pending appeal.

Summaries of

Salerno v. U.S.

United States Court of Appeals, Ninth Circuit

Jun 29, 1989

878 F.2d 317 (9th Cir. 1989)

denying bail for petitioner after order certifying extraditability

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denying motion for bail where defendant argued only that he was not a flight risk and did not make a showing of special circumstances

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denying motion for bail pending appeal of denial of habeas petition challenging extradition certification; finding no demonstration of "special circumstances" justifying bail

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denying defendant's motion for bail pending appeal of the district court's order certifying him extraditable to Australia and holding that absence of risk of flight "is not the criteria for release in an extradition case"

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In Salerno, the Supreme Court rejected a due process challenge to the Bail Reform Act of 1984, 18 U.S.C. § 3142 (f) (1994), which authorized pre-trial detention without bail upon a showing that no release condition would reasonably assure the safety of the community.

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In Salerno, the court recognized that a special circumstance may exist where a relator has raised substantial claims that show a high probability of success in the extradition proceedings.

Summary of this case from In re Heras

applying special-circumstances bail test when fugitive appealed denial of habeas petition certifying extradition

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noting that the absence of flight risk “is not the criteria for release in an extradition case”

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discussing exceptional circumstances warranting bail pending appeal in an extradition case

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discussing exceptional circumstances warranting bail pending appeal in an extradition case

Summary of this case from Coreas v. Bounds

In Salerno v. United States, 878 F.2d 317 (9th Cir. 1989), the Ninth Circuit held that "a serious deterioration of health while incarcerated, and unusual delay in the appeal process," are among the special circumstances that might justify bail pending a habeas appeal.

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In Salerno, the Ninth Circuit provided some examples of special circumstances, which included the raising of claims upon which the individual whose extradition was sought has a high probability of success, serious deterioration of health while incarcerated, and unusual delay in the appeal process.

Summary of this case from In re Blasko

applying special-circumstances bail test in extradition case in which fugitive appealed denial of habeas petition certifying extradition

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noting that a "serious deterioration of health while incarcerated" could be a special circumstance

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noting that examples of special circumstances include a serious deterioration of health while incarcerated

Summary of this case from In re Nezirovic

stating that not being a flight risk is not the criteria for release in an extradition case (citing Kamrin v. United States, 725 F.2d 1225, 1228 (9th Cir. 1984))

Summary of this case from In re Nezirovic

applying special circumstances test to a bail application following the issuance of a certificate of extraditability and pending appeal of a habeas petition

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noting that the absence of flight risk "is not the criteria for release in an extradition case"

Summary of this case from In re Extradition of Santos

stating that a a potential extraditee's "high probability of success" is a special circumstance that may warrant release on bail

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stating that an "unusual delay in the appeal process" can be a special circumstance

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In Salerno, the Court construed the provisions of the Bail Reform Act of 1984, under which the procedure is to release a defendant awaiting trial on a domestic crime on only those conditions reasonably necessary to assure his presence at trial and to safeguard the community and any particular person.

Summary of this case from U.S. v. Hills

Salerno v. U.S.

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Salerno v. U.S.

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