Hoxha v. Levi

371 F. Supp. 2d 651 (2005)

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Hoxha v. Levi

United States District Court for the Eastern District of Pennsylvania
371 F. Supp. 2d 651 (2005)

  • Written by Alexander Hager-DeMyer, JD

Facts

Krenar Hoxha (plaintiff) was a naturalized citizen living in the United States after having moved from Albania. In accordance with an extradition treaty, the Republic of Albania (Albania) submitted an extradition request for Hoxha on charges of murdering a married couple and their son. The district court issued a warrant for Hoxha’s arrest. Evidence was presented to a magistrate judge to determine Hoxha’s eligibility for extradition. The evidence included Hoxha’s relative in possession of the murder weapon, the victims’ surviving daughter who witnessed the shooting and could identify the shooter, and witness statements detailing sightings of Hoxha with a gun near the victims’ residence. One statement was allegedly recanted. After reviewing the record and determining that murder was an extraditable offense under the applicable treaty, the magistrate judge found Hoxha to be eligible for extradition. Hoxha filed a habeas corpus petition, arguing an insufficiency of the evidence due to the recanted witness statement and claiming that extradition would expose Hoxha to torture in violation of Article III of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment (Convention Against Torture).

Rule of Law

Issue

Holding and Reasoning (Schiller, J.)

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