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Case Law
Extradition: on the Court of Appeal’s assessment of the flight risk
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Summary
Among the circumstances that the Court of Appeal may rely on to establish flight risk are also those relating to the number and seriousness of the new offences for which the extradition of the requested person has been sought, as well as their ability to move across continents.
04/02/2026 · Italian Supreme Court · 5122/2026
🇮🇹Italy → 🇲🇽Mexico
Decision on precautionary measureExtraditionExtradition Mexico–United States: amparo dismissed due to withdrawal of the extradition request and cessation of effects
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Summary
Where the requesting State withdraws the extradition request and the competent authority declares the extradition procedure moot, setting aside the extradition decision, the effects of the challenged act cease. As a result, the amparo proceedings must be dismissed, including any constitutional challenge to the treaty provision whose application depended on that extradition decision.
05/11/2025 · Suprema Corte de Justicia de la Nación · 223/2024
🇲🇽Mexico → 🇺🇸United States
Procedural orderExtraditionFlight risk assessment and duty to justify the inadequacy of the house arrest
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Summary
In assessing the existence of flight risk, the mere availability of accommodation suitable for house arrest, the absence of stable ties to the national territory, and a demonstrated propensity for international travel—allegedly supported by financial means and logistical networks—do not, in themselves, constitute sufficient grounds to deny the application of less severe custodial measures. Such elements, if relied upon in abstract or generalized terms, amount to mere suspicion rather than a concrete and individualized assessment of the case. Accordingly, where house arrest is requested, the judicial authority is required to provide specific reasoning as to the inadequacy of that measure, which cannot be inferred solely from factors that are, in principle, neutral, such as financial capacity or habitual mobility across different countries.
04/11/2025 · Italian Supreme Court · 40841/2025
🇮🇹Italy → 🇲🇽Mexico
Reversal and remandExtraditionNeed legal assistance?
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