Rosado v. Civiletti
United States Court of Appeals for the Second Circuit
621 F.2d 1179 (1980)
- Written by Rich Walter, JD
Facts
Mexican police arrested Pedro Rosado (plaintiff), an American citizen, on trumped-up drug charges. Rosado suffered grossly degrading and inhumane treatment throughout his brutal interrogation, unfair trial, and harsh imprisonment. Pursuant to a bilateral treaty between Mexico and the United States, Rosado requested and received permission to serve out his Mexican prison sentence in an American prison. Following his transfer to the United States, Rosado appeared before a federal magistrate judge and confirmed that his consent to the transfer was freely and knowingly given. After being moved to a federal prison in Connecticut, Rosado filed a habeas corpus petition naming Attorney General Benjamin Civiletti as defendant. The district court granted Rosado’s petition on the grounds that the Mexican authorities deprived Rosado of basic due-process rights and coerced Rosado into requesting his transfer. Civiletti appealed to the Second Circuit. As a threshold matter, the appellate court found that the Senate’s intent in ratifying the treaty was to ease strained relations between the United States and Mexico and to procure the release of Americans unfairly held in Mexican prisons.
Rule of Law
Issue
Holding and Reasoning (Kaufman, C.J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
