Opinion
2:21-mj-04617
10-08-2021
IN THE MATTER OF THE EXTRADITION OF HASSAN ABDIBARIK ALI, aka "Top5," A Fugitive from the Government of Canada.
TRACY L. WILKISON Acting United States Attorney, SCOTT M. GARRINGER Assistant United States Attorney, Chief, Criminal Division JOHN J. LULEJTAN Assistant United States Attorney, Attorneys for Plaintiff UNITED STATES OF AMERICA.
TRACY L. WILKISON Acting United States Attorney, SCOTT M. GARRINGER Assistant United States Attorney, Chief, Criminal Division JOHN J. LULEJTAN Assistant United States Attorney, Attorneys for Plaintiff UNITED STATES OF AMERICA.
[PROPOSED] ORDER
HONORABLE KAREN E. STEVENSON UNITED STATES MAGISTRATE JUDGE.
Upon consideration of the request of the United States for the detention of fugitive HASSAN ABDIBARIK ALI, also known as "Top5" ("ALI"), 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. See United States v. Salerno, 878 F.2d 317, 317 (9th Cir. 1989); see also In re 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 exist rests upon the fugitive. See, e.g., Salerno, 878 F.2d at 317-18. Here, the Court finds that no such "special circumstances" exist.
2. The government alternatively requests detention on the grounds that ALI presents an unacceptable risk of (a) flight and/or (b) danger to the community, even if the Court were to find that special circumstances are present.
The Court hereby finds no combination of conditions that will reasonably assure:
a. the appearance of fugitive as required; and/or
b. the safety of any person or the community
IT IS SO ORDERED.