Case 3:19-mj-71055-MAG Document 227 Filed 04/19/23 Page 1 of 2

FILED
Apr 19 2023
1
Mark B. Busby
CLERK, U.S. DISTRICT COURT
2
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO
3

4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

7 IN THE MATTER OF THE Case No. 19-mj-71055-MAG-1 (TSH)

EXTRADITION OF ALEJANDRO
8 TOLEDO MANRIQUE
ORDER OF COMMITMENT FOR THE
9 U.S. MARSHAL TO TAKE
ALEJANDRO TOLEDO MANRIQUE
10 INTO CUSTODY (18 U.S.C. § 3184)
11 Re: Dkt. No. 211
12
Northern District of California
United States District Court

13 On September 28, 2021, the Court certified to the Secretary of State that Alejandro Toledo

14 is extraditable. ECF No. 188. Toledo challenged the certification order through a petition for a
writ of habeas corpus, which Judge Beeler denied on April 22, 2022. See Manrique v. O’Keefe,
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No. 21-cv-08395, ECF No. 17. Toledo filed an appeal of that decision with the U.S. Court of
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Appeals for the Ninth Circuit. See Manrique v. Kolc, No. 22-15705. Toledo sought a stay of
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extradition pending resolution of his appeal from both Judge Beeler and the Ninth Circuit. They
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both denied the request. See Manrique v. Kolc, No. 22-15705, ECF No. 22 (9th Cir. Oct. 19,
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2022); Manrique v. O’Keefe, No. 21-cv-08395, ECF No. 30 (N.D. Cal. June 13, 2022).
20 On February 21, 2023, the Secretary of State, acting through the Deputy Secretary of State,
21 decided to grant the extradition request and issued a warrant authorizing Toledo’s surrender to
22 Peru on the charges for which he is sought. The following day the government filed the present
23 motion to revoke Toledo’s bail and remand him to custody. ECF No. 211. Toledo renewed his

24 motion for a stay before Judge Beeler, who denied it but granted a temporary stay to remain in

25 effect “until the Ninth Circuit rules on the petitioner’s stay motion.” Manrique v. O’Keefe, No.
21-cv-08395, ECF No. 36. Toledo also renewed his stay motion before the Ninth Circuit, which
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denied it in a published opinion filed on April 5, 2023. Manrique v. Kolc, __ F.4th __, No. 22-
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15705, 2023 WL 2780352 (9th Cir. April 5, 2023), amended on denial of rehearing, __ F.4th __,
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 Case 3:19-mj-71055-MAG Document 227 Filed 04/19/23 Page 2 of 2

1 2023 WL 2987045 (9th Cir. April 18, 2023). Later that day this Court issued an order of

2 commitment pursuant to 18 U.S.C. § 3184 directing U.S. Marshal to take Toledo into custody and
ordering Toledo to surrender. ECF No. 221.
3
On April 6, 2023, Toledo filed another stay motion before the Court of Appeals, this time
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seeking a stay of extradition to allow him to seek panel and en banc rehearing. Manrique v. Kolc,
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No. 22-15705, ECF No. 50. On the same day the Court of Appeals ordered that “[e]xtradition is
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stayed for 14 days to allow Toledo an opportunity to move for reconsideration by the panel or the
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en banc court.” Manrique v. Kolc, No. 22-15705, ECF No. 53 (9th Cir. April 6, 2023). The
8 following morning this Court vacated its order of commitment. ECF No. 224.
9 On April 18, 2023, the Court of Appeals denied panel and en banc rehearing. Manrique v.
10 Kolc, __ F.4th __, No. 22-15705, 2023 WL 2987045 (9th Cir. April 18, 2023). The same day the
11 government filed a notice of the Ninth Circuit’s ruling and requested that the Court issue another

12 order of commitment remanding Toledo to the custody of the U.S. Marshal. ECF No. 225. It is
Northern District of California
United States District Court

13 this Court’s understanding that the 14-day stay issued by the Court of Appeals on April 6 expires
at 11:59 p.m. tomorrow, April 20. The Court held a hearing this afternoon and inquired whether
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Toledo intends to seek any further stays from the Court of Appeals. His counsel stated that he will
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not seek any further stays from the Ninth Circuit or the Supreme Court. Toledo requested that the
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Court change the place of surrender to the San Jose Courthouse.
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Accordingly, pursuant to 18 U.S.C. § 3184, the Court WARRANTS that Toledo shall be
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committed to a proper jail, there to remain until his surrender to Peruvian authorities shall be
19 made. The Court REVOKES Toledo’s bail and REMANDS him to the custody of the U.S.
20 Marshal. The Court ORDERS Toledo to surrender to the Marshal on April 21, 2023 at 9:00 a.m.
21 at the Robert F. Peckham Federal Building and U.S. Courthouse, 280 South 1st Street, San Jose,

22 California.

23 IT IS SO ORDERED.

24

25 Dated: 4/19/2023

26
THOMAS S. HIXSON
27 United States Magistrate Judge
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2