In re Extradition of Rana

• Docket Number: Case No. 2:20-cv-7309-DSF-JC
• Decision Date: 16 May 2023
• Citation: 673 F.Supp.3d 1109
• Parties: IN RE The Matter of the EXTRADITION OF Tahawwur Hussain RANA
• Court: U.S. District Court — Central District of California

673 F.Supp.3d 1109

IN RE The Matter of the EXTRADITION OF Tahawwur Hussain RANA

Case No. 2:20-cv-7309-DSF-JC

United States District Court, C.D. California

Signed May 16, 2023

John J. Lulejian, AUSA - Office of US Attorney Criminal Division, Los Angeles, CA, for United States.

John D. Cline, Law Office of John D. Cline, Seattle, WA, Patrick W. Blegen, Pro Hac Vice, Blegen and Garvey, Chicago, IL, for Tahawwur Hussain Rana.

CERTIFICATION OF EXTRADITABILITY AND ORDER OF COMMITMENT

Jacqueline Chooljian, UNITED STATES MAGISTRATE JUDGE

I.INTRODUCTION

This is a proceeding under 18 U.S.C. § 3184 pursuant to a request by the Republic of India ("India"), through the United States Government (the "United States" or "Government"), for the extradition of Tahawwur Hussain Rana("Rana") under the provisions of the Extradition Treaty Between the Government of the United States of America and the Government of the Republic of India, signed on June 25, 1997, S. TreatyDoc. No. 105-30(1997), entered into force on July 21, 1999("Treaty").

On June 10, 2020, the Government filed a Complaint seeking the provisional arrest of Rana with a view towards extradition.(Dkt. Nos. 1, 4).According to the Complaint, on August 28, 2018, a District and Sessions Judge for the Special Court of National Investigation Agency in New Delhi, India issued a warrant for Rana, who is being prosecuted in India for a number of offenses related to the November 2008 terrorist attacks in Mumbai, India.(Dkt. No. 4).On the same date, the Court issued a warrant for Rana's arrest.(Dkt. No. 2).Rana was subsequently arrested, and on July 21, 2020, the Court granted the Government's Request for Detention Pending Extradition.(Dkt. Nos. 6, 44).

On August 13, 2020, the Government filed a Request for Extradition ("Request") pursuant to 18 U.S.C. § 3184 with accompanying exhibits/attachments, including the Declaration of Tom Heinemann("Heinemann Decl."), an Affidavit of Superintendent of Police Sanjukta Parasor ("Parasor Aff.") and excerpts of reporter's transcripts ("RT") from United States v. Kashmiri, United States District Court for the Northern District of Illinois, CaseNo. 1:09-00830("NDIL Case").(Dkt. Nos. 56, 66).On September 28, 2020, the Government filed an Extradition Memorandum ("Govt. Mem.").(Dkt. No. 67).Between February 1, 2021 and February 4, 2021, Rana filed an Opposition to the Request with an accompanying Memorandum of Points and Authorities ("Opposition") with exhibits.(Dkt. Nos. 77, 78).On March 22, 2021, the Government filed a Reply with the Declaration of John J. Lulejian and exhibits.(Dkt. No. 79).On April 5, 2021, Rana filed a Surreply, and on April 12, 2021, the Government filed a Surrebuttal with the Second Declaration of John J. Lulejian.(Dkt.Nos. 87-88).On June 21 and 23, 2021, the Government lodged supplemental exhibits in support of the Extradition Request.(Dkt.Nos. 89-92).

On June 24, 2021, the Court conducted a hearing pursuant to 18 U.S.C. § 3184, at which Government counsel, Rana, and Rana's counsel appeared.(SeeDkt. No. 98(Extradition Hearing Transcript ("EHT"))).

On June 25, 2021, the Government filed a Notice of Supplemental Authority supporting its Extradition Request.(Dkt. No. 93).

On July 15, 2021, the Government and Rana each submitted Proposed Findings of Fact and Conclusions of Law, and on July 21, 2021, the Government filed a Response to Rana's Proposed Findings on July 21, 2021.(Dkt. Nos. 100-102).

The Court has reviewed and considered all of the documents submitted in support of and in opposition to the Request, and has considered the arguments presented at the hearing.Based on such review and consideration and for the reasons discussed herein, the Court makes the findings set forth below, and CERTIFIES to the Secretary of State of the United States the extraditability of Rana on the charged offenses that are the subject of the Request.

II.FACTS

Between November 26 and 29, 2008, ten Lashkar-e-Tayyiba ("Lashkar")¹ members carried out coordinated attacks at various locations throughout Mumbai, India, including the Taj Mahal Palace Hotel.(ParasorAff. ¶¶ 3, 24, 37).These attacks killed 166 people, injured 239 people, and resulted in excess of $1.5 billion dollars in property damage.(ParasorAff. ¶¶ 24, 37).The Indian government has charged multiple individuals, including Rana, with crimes related to the attacks, accusing Rana of conspiring with his childhood friend David Coleman Headley, also known as "Daood Gilani," and others to help plan and carry out the Lashkar terrorist attacks in Mumbai.(ParasorAff. ¶¶ 3, 28-29, 38).

In particular, on August 28, 2018, Poonam A. Bamba, District and Sessions Judge, Special Court of National Investigation Agency, issued a warrant for Rana's arrest on charges related to the Mumbai attacks, including: (1) conspiracy to (a) wage war (Object 1), (b) commit murder (Object 3), (c) commit forgery for the purpose of cheating (Object 4), (d) use as genuine a forged document or electronic record (Object 5), and (e) commit a terrorist act (Object 6), in violation of Indian Penal Code("IPC")§ 120B² read with IPC §§ 121,³ 302,⁴ 468,⁵ 471,⁶andUnlawful Activities Prevention Act ("UAPA") § 16;⁷(2) waging war, in violation of IPC § 121;(3) conspiracy to wage war, in violation of IPC § 121A;⁸(4) murder, in violation of IPC § 302;(5) committing a terrorist act, in violation of UAPA § 16; and (6) conspiracy to commit a terrorist act, in violation of UAPA § 18.⁹(Dkt. Nos. 4-1, 42-2, 66-2, 66-6, 66-15;ParasorAff. ¶¶ 1-5, 12-13).¹⁰The Indian Government has provided the following evidence in support of its request to extradite Rana on the aforementioned charges, including transcripts of Headley's testimony in the NDIL Case.

Rana and Headley met when they attended a military boarding high school together in Pakistan, became close friends, and remained so for many years.(ParasorAff. ¶ 29; RT 59-60, 115, 643-46).After high school, Rana served as a doctor with the rank of Captain in the Pakistan army; however, he later deserted from the army and became a Canadian citizen before moving to Chicago, Illinois and opening several businesses, including the Immigration Law Center, which had offices in Chicago, New York and Toronto.(ParasorAff. ¶¶ 29, 38; RT 177, 653-55).Meanwhile, Headley became involved with heroin trafficking and was twice convicted of drug offenses.¹¹(RT 61-62).Following Headley's 1997 arrest for importing heroin into the United States, Rana posted his house as collateral for Headley's bond.(RT 63).Moreover, during their friendship, Rana held money for Headley and sent it to him as needed.(RT 63-64, 657-58).

Headley's involvement with Lashkar predates the Mumbai attacks.(ParasorAff. ¶¶ 38; RT 66-67).In 2000, Headley went to his first Lashkar meeting, listened to speeches about jihad, donated money, and volunteered.(RT 67-71, 660).Headley moved from the United States to Pakistan in December 2001, and between 2002 and 2005, he attended numerous training courses with Lashkar, including receiving military, intelligence and anti-terrorist training regarding subjects such as weapons, hand-to-hand combat, surveillance, and setting up safe houses in enemy territory.(RT 71-87, 662, 673-75;Dkt.No. 16-6at 4-5).Headley moved back to the United States in August 2005, met with Rana, and told Rana about the training he had received from Lashkar, including that he had received, among other things, "weapons training, ambush, raids, [and] military training."(RT 87-88;Dkt.No. 16-6at 5).Headley also informed Rana that Lashkar wanted him (Headley) to go to India for surveillance or an attack, and he was changing his name for that purpose so that "nobody would be able to tell that [Headley] was a Muslim or a Pakistani."(RT 88-89, 1148;Dkt.No. 16-6at 5;ParasorAff. ¶ 39).Headley legally changed his name to David Coleman Headley in February 2006 and obtained a new passport in that name.(RT 109-10).

In late 2005 or early 2006, Headley met with Lashkar members who ordered him to travel to India to conduct surveillance of places of public use and state and government facilities within that country.(RT 90, 96, 98, 107, 110-12).In the spring or early summer of 2006, Headley met with Lashkar members and discussed opening an immigration office in Mumbai, India as cover for his surveillance activities.(RT 112-16).Headley had told Lashkar about his friendship with Rana and Rana's ownership and operation of the Immigration Law Center.(ParasorAff. ¶ 29; RT 115-17).Headley and his contacts agreed that Rana's business would be an ideal front for their activities because it would allow Headley to travel freely in and out of India and to establish connections with powerful individuals in India.(RT 115-16, 127, 129).

In or about June 2006, Headley traveled to Chicago and met with Rana.(RT 119-20;Dkt.No. 16-6at 5).Headley told Rana about his association with Lashkar and his orders to conduct surveillance around Mumbai.(RT 120, 126-28;ParasorAff. ¶ 42).Headley explained that opening an office for Immigration Law Center would provide a cover story for his activities.(RT 128;Dkt.No. 16-6at 5-6).Headley also told Rana that one of the co-conspirator's could help with Rana's status as a deserter from the Pakistani army.(RT 128-29).After hearing Headley's explanation, Rana agreed to open a Mumbai Branch office of his business to assist Headley.¹²(RT 128-29, 1149;Dkt.No. 16-6at 6; Parasor Aff. ¶¶ 39, 71(b)).Although Headley had no immigration experience, Rana also helped Headley secure a business visa from Indian authorities as the "Regional Manager" of the Mumbai Office of the Immigration Law Center, with Headley purportedly responsible for supervising and coordinating the company's operations in Asia.(RT 129-30, 135;ParasorAff. ¶ 62;Dkt.No. 66-9at 65-71, 130-32).Headley prepared the relevant Indian visa application forms, which...