· 5/23/1932
Keszthelyi v. Doheny Stone Drill Co.
Citations
- 59 F.2d 3
- 13 U.S.P.Q. (BNA) 427
- 1932 U.S. App. LEXIS 3294
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the Secretary's final decision concerning whether to extradite \is a matter exclusively within the discretion of the executive branch and not subject to judicial review.\
- noting that Charlton’s holding has not been overruled or qualified and remains binding
- finding the magistrate judge 11 properly refused to hear evidence which did not bear on whether there was 12 probable cause
- discussing the “frequently quoted (but not followed) dictum” that a court may apply a humanitarian exception to extradition, but concluding that “the facts in this case are not so egregious as to invoke the dictum”
- rejecting a due process- based argument for an additional hearing, as “[e]xtradition is a matter of foreign policy entirely within the discretion of the executive branch, except to the extent that the statute interposes a judicial function”
- “Application of the ordinary procedures for persons incompetent to stand trial would interfere with the President’s power to honor extradition treaties by delivering to their custody persons charged in foreign countries with crimes.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilbur
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