Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

United States v. Alvarez-Machain

United States Supreme Court
504 U.S. 655, 112 S.Ct. 2188, 119 L.Ed.2d 441 (1992)


Humberto Alvarez-Machain (Alvarez) (defendant), a Mexican citizen and resident was indicted in United States federal district court for participating in the kidnapping and murder of United States Drug Enforcement Administration (DEA) special agent Enrique Camarena-Salazar (Camarena) and a Mexican pilot working with Camarena, Alfredo Zavala-Avelar. On April 2, 1990, Alvarez, a doctor, was forcibly kidnapped from his medical office in Guadalajara, Mexico and flowed to El Paso, Texas where he was arrested by DEA officials and indicted. Alvarez moved to dismiss the indictment by claiming that his abduction constituted outrageous government conduct and that the district court lacked jurisdiction to try him because he was abducted in violation of the Extradition Treaty of 1979 between the United States and Mexico. The district court rejected Alvarez’s outrageous government conduct claim, but ruled that it did not have jurisdiction over the case because Alvarez had been abducted in violation of the Extradition Treaty. The district court ordered that Alvarez be repatriated to Mexico. The United States government (plaintiff) appealed, and the court of appeals affirmed dismissal of the indictment and repatriation of Alvarez. The court of appeals held that although not expressly prohibited by the Extradition Treaty, forcible abduction violated the purpose of the treaty. The United States Supreme Court granted certiorari.

Rule of Law


Holding and Reasoning (Rehnquist, C.J.)

Dissent (Stevens, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 509,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 509,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial