United States v. Alvarez-Machain

Background

Humberto Alvarez‑Machain, a Mexican citizen and medical doctor, was indicted in the United States for his alleged role in the kidnap and murder of a U.S. DEA agent and a Mexican pilot. In April 1990 he was seized in Guadalajara, flown to El Paso, and arrested by U.S. agents. A federal district court found that U.S. authorities had authorized the abduction, dismissed the indictment as violating the 1978 U.S.–Mexico extradition treaty, and ordered repatriation; the Ninth Circuit affirmed that dismissal.

Reasoning

The Supreme Court asked whether being abducted from a country that has an extradition treaty with the United States gives the defendant a defense to being tried here. The majority examined the treaty text and earlier cases (notably Rauscher and Ker) and concluded the treaty does not expressly prohibit such abductions, nor does it clearly imply a ban that would bar prosecution. Applying Ker, the Court held that forcible abduction did not deprive U.S. courts of jurisdiction. The Court therefore reversed the Ninth Circuit and allowed the criminal case to proceed in federal court.

Real world impact

The decision permits federal prosecutors to try a foreign national even when that person’s presence in the United States was gained by forcible means from a treaty partner. The opinion notes Mexico lodged diplomatic protests and says questions about returning the person or pursuing diplomatic remedies are for the Executive Branch. The case was remanded for further proceedings on the criminal charges.

Dissents or concurrances

Justice Stevens (joined by two colleagues) dissented, arguing the treaty is comprehensive, that official abductions violate territorial sovereignty, and that the treaty and international law should bar U.S. prosecution after such an abduction.