Extradition of Ghandtchi, In re, 83-5019

Decision Date11 February 1983
Docket NumberNo. 83-5019,83-5019
PartiesIn re EXTRADITION OF Houchang GHANDTCHI. UNITED STATES of America, Appellant, v. Houchang GHANDTCHI, Appellee.
CourtU.S. Court of Appeals — Eleventh Circuit

Linda Collins Hertz, Michael Hershey, Asst. U.S. Attys., Miami, Fla., for appellant.

Robert C. Byrne, Plantation, Fla., for appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before GODBOLD, Chief Judge, and FAY and CLARK, Circuit Judges.

GODBOLD, Chief Judge:

The defendant Houchang Ghandtchi is wanted by the government of West Germany for various violations of that country's tax laws. Pursuant to 18 U.S.C. Sec. 3184 and an extradition treaty with West Germany, the United States instituted extradition proceedings against the defendant before a magistrate. Some time after the defendant was taken into custody, the magistrate ordered him released on a five hundred thousand dollar bond, pending an extradition hearing, concluding that "special circumstances" justified his release on bail. The United States immediately sought in district court a temporary stay and review of the magistrate's order. The district judge, in a conference telephone call with the parties, ruled that he lacked jurisdiction to review the magistrate's bail decision. The United States filed an emergency appeal with this court and obtained an emergency stay of the defendant's release on bail. We determined that this court lacked jurisdiction because district court had not entered judgment, and we dismissed the appeal.

The district court has now entered judgment and the government has appealed again. Assuming that the district court's judgment constitutes a final decision within 28 U.S.C. Sec. 1291, 1 we reach the merits.

The district court properly concluded that it lacked jurisdiction to review the magistrate's decision. The district court has no authority under the Magistrate's Act, 28 U.S.C. Sec. 636, its local rules, see Matter of Krickemeyer, 518 F.Supp. 388, (S.D.Fla.1981), or the Extradition Act 2 to review the magistrate's decision. The Eighth Circuit has suggested that in some circumstances a district court may have inherent authority to review a magistrate's order that he would no longer accept a named person as a surety on any bond tendered to him. Bruno v. Hamilton, 521 F.2d 114, 116 (8th Cir.1975). We need not decide whether we would accept that proposition in other contexts. We do not accept it here. The statutory scheme in immigration cases permits the matter of release on bail to be brought before either magistrate or district court and does not provide for review by the district court of the magistrate's order. Reading this together with the carefully crafted structure of the Magistrate's Act, which provides for district court review of only particular types of orders, we will not imply an inherent power to review in the situation before us.

We reject the United States' argument that a mandamus should issue to the magistrate. Mandamus is appropriate only in extraordinary cases to remedy a clear usurpation of power or abuse of discretion. See ACF Industries, Inc. v. Guinn, 384 F.2d 15, 18 (5th Cir.1967); Matter of Mackin, 668 F.2d 122, 130 (2d Cir.1981). The magistrate here applied the correct legal standard, see Wright v. Henkel, 190 U.S....

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  • Requested Extradition of Kirby, Matter of, s. 96-10068
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • February 27, 1997
    ...courts have ruled that they lacked jurisdiction to hear an appeal from a bail ruling in an extradition case. In re Extradition of Ghandtchi, 697 F.2d 1037 (11th Cir.1983), vacated as moot, 705 F.2d 1315 (11th Cir.1983); In the Matter of the Requested Extradition of Krickemeyer, 518 F.Supp. ......
  • Litman v. Massachusetts Mut. Life Ins. Co.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • August 31, 1987
    ...S.Ct. 2119, 2123, 48 L.Ed.2d 725 (1976); United States v. Fernandez-Toledo, 737 F.2d 912, 919 (11th Cir.1984); In re Extradition of Ghandtchi, 697 F.2d 1037, 1038 (11th Cir.1983); see United States v. Cannon, 807 F.2d 1528, 1529 (11th Cir.1986). The writ is a tool used to keep the courts fu......
  • U.S. v. Satterfield
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • October 3, 1984
    ...is appropriate only in "extraordinary cases" to remedy a "clear usurpation of power or abuse of discretion," In re Extradition of Ghandtchi, 697 F.2d 1037, 1038 (11th Cir.1983), and is available only when there is no other adequate means to obtain relief, In re Oswalt, 607 F.2d 645, 648 (5t......
  • Matter of Extradition of Russell
    • United States
    • U.S. District Court — Southern District of Texas
    • July 10, 1986
    ...(S.D.N.Y.1982) (habeas review of bail determination allowed prior to resolution of deportation proceedings). See also U.S. v. Ghandtchi, 697 F.2d 1037 (11th Cir.1983) in which the Eleventh Circuit held that interlocutory decisions on bail were not directly appealable, but made no indication......
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