Judge Transfers Jurisdiction But Green Lights Ovidio Guzman's Extradition Process

"Socalj" for Borderland Beat

Ovidio Guzmán López, "El Ratón", was notified of the refusal of an Amparo judge to grant him a definitive stay against extradition to the United States. This gives the green light for authorities to continue with his extradition process to the United States where he has been charged with multiple counts of drug trafficking put forth in a 2019 indictment. 

His attempted arrest in 2019, resulted in the first Culiacanazo, violent attacks on troops, and threatening military families until President AMLO authorized his release to prevent further loss of life. The warrant for that arrest was for the purpose of extradition.

Ovidio Guzmán can again appeal the decision in a Collegiate Court of Mexico City.

Judge Declines Jurisdiction to Continue

Due to the fact that Guzmán López is at the disposal of a control judge of the Federal Criminal Justice Center in the State of Mexico with residence in Almoloya de Juárez, physically confined inside the Social Readaptation Center number 1 "Altiplano", the Judge of the Amparo declared itself unable to continue hearing the case.

"This judge considers that he lacks legal competence by reason of territory [jurisdiction] to hear and resolve this trial of guarantees, the foregoing, based on articles 37, first paragraph and 48 of the Law of Amparo" pointed out the judicial official.

The Federal Judge in Mexico City believes that it should be a District Judge in Matters of Amparo and Federal Trials in the State of Mexico, residing in Toluca, on duty, who should continue with the fundamental rights lawsuit filed by "El Raton."

According to the Supreme Court of Justice of the Nation (SCJN), the competent district judge to hear the claim in the extradition procedure "is the one whose jurisdiction the investigating judge of the respective procedure resides, especially if the complainant is confined in that same territorial circumscription so that the execution of the acts that he claims will be verified in that jurisdiction.” 

US Government Has Not Formalized Extradition Request Yet

While the decision to refuse his request for a definitive suspension against the extradition process means that the process will continue, it will not take place until a formal extradition request has been given by the US. However, this is likely already in process; possibly having waited until the end of the recent North American Summit with US President Joe Biden and Canadian Prime Minister Justin Trudeau visiting Mexico City. Among the issues discussed was the increase in fentanyl trafficking and overdose deaths as well as migration issues and solidifying economic and political relationships across North America.

The sixth criminal Amparo judge of Mexico City ordered the remission of the original of the file, as well as the suspension decision turned over to the appropriate court. Ovidio Guzmán requested the expansion of the lawsuit with respect to various authorities and authorized various lawyers to assist him in the Amparo trial. The Almoloya de Juárez maximum security federal prison, where Ovidio is being held, has sent over his psychological records and transcripts of the telephone call that was authorized to him.

Source La Silla Rota, Zeta Tijuana, DOJ