Opinion
SA 07-379M.
February 4, 2008
THOMAS P. O'BRIEN, United States Attorney, CHRISTINE C. EWELL, Assistant United States Attorney, Chief, Criminal Division, ROBB C. ADKINS (194576) Assistant United States Attorney, Chief, Santa Ana Branch Office, Santa Ana, California, Attorneys for Plaintiff, UNITED STATES OF AMERICA.
ORDER GRANTING GOVERNMENT'S REQUEST FOR DETENTION
Upon consideration of the request of the United States for the detention of fugitive CHANG HUN GO pending extradition proceedings, and good cause therefor appearing,
IT IS HEREBY ORDERED that said request is GRANTED, the Court making the following findings of fact and conclusions of law:
1. In foreign extradition matters there is a presumption against bail and only "special circumstances" will justify release on bail. United States v. Salerno, 878 F.2d 317, 317 (9th Cir. 1989); see also Matter of Extradition of Smyth 976 F.2d 1535, 1535-36 (9th Cir. 1992); Kamrin v. United States, 725 F.2d 1225, 1228 (9th Cir. 1984). The burden of showing special circumstances rests upon the fugitive. See, e.g., Salerno, 878 F.2d at 317-18. Here, GO concedes that "special circumstances" do not exist, and the Court finds that no such "special circumstances" exist.
2. The government alternatively requests detention on the grounds that GO presents an unacceptable risk of flight, even if such special circumstances were present. In support of its request, the government proffers the sworn extradition complaint, the provisional arrest warrant, and the Pretrial Services report. Based on the allegations in the extradition complaint concerning GO's flight from the Republic of Korea, the Court also finds that GO is a risk of flight.
IT IS SO ORDERED.