from the United States District Court for the District of
Colorado (D.C. No. 1:16-CV-01221-WJM-KLM)
T. Fishman of Ridley, McGreevy & Winocur, P.C., Denver,
Colorado, for Petitioner-Appellant.
Bishop Grewell, Assistant United States Attorney (and Robert
C. Troyer, United States Attorney, on the brief), Denver,
Colorado, for Respondents-Appellees.
BACHARACH, KELLY, and MORITZ, Circuit Judges.
Mirella Ivonne Avila-Ramos appeals from the district
court's denial of habeas corpus relief from an
extradition certification order. On appeal, she challenges
the magistrate judge's and district court's probable
cause rulings. We have jurisdiction under 28 U.S.C.
§§ 1291 and 2253, and we affirm because the
magistrate judge adequately found probable cause that Ms.
Avila-Ramos committed aggravated homicide, the crime
identified in the extradition request.
Avila-Ramos is wanted for aggravated homicide in Chihuahua,
Mexico. Supp. R. 26. According to the warrant for her arrest,
Ms. Avila-Ramos plotted with Arturo Heriberto Herrera Rey,
her paramour, to murder her husband. Id. at 38. Ms.
Avila-Ramos's husband, who had survived an earlier
attempt on his life, was on his way to a hospital appointment
when he was attacked and killed by a hired gun. Id.
at 31, 38. An investigation implicated Ms. Avila-Ramos and
Mr. Rey in the hit, and Mr. Rey was convicted of aggravated
homicide for his involvement in the crime. Def.'s Ex. B
at 32, In re Extradition of Avila-Ramos, No.
1:15-mj-01087-NYW (D. Colo. Oct. 7, 2015), ECF No. 178-1.
Now, Mexico requests Ms. Avila-Ramos's extradition from
the United States to face charges for her participation in
the plot. 4 R. 20-21; Supp. R. 43.
hearing, a magistrate judge certified Ms. Avila-Ramos as
extraditable. In re Extradition of Avila-Ramos, No.
1:15-mj-01087-NYW (D. Colo. May 6, 2016), ECF No. 181. Among
the magistrate judge's findings was that there was
sufficient evidence to establish probable cause that Ms.
Avila-Ramos committed aggravated homicide. Id. at
16. Ms. Avila-Ramos filed a petition for a writ of habeas
corpus challenging the extradition certification order, 1 R.
8, which the district court denied, Avila-Ramos v.
Kammerzell, 228 F.Supp.3d 1196, 1204 (D. Colo. 2017). In
upholding the magistrate judge's probable cause
determination, though, the district court characterized Ms.
Avila-Ramos's offense as conspiring to murder
her husband (rather than as aggravated homicide). See
id. at 1203.
appeal, Ms. Avila-Ramos argues that (1) a finding of probable
cause for conspiring to commit murder does not
subject her to extradition for aggravated homicide, the
offense identified in the extradition request, and (2) the
magistrate judge based her probable cause determination on
review of a probable cause determination in an extradition
proceeding is limited to the narrow issue of "whether
there was any evidence warranting the finding that there was
reasonable ground to believe the accused guilty."
Peters v. Egnor, 888 F.2d 713, 717 (10th Cir. 1989)
(quoting Fernandez v. Phillips, 268 U.S. 311, 312
(1925)). In other words, the petitioner's appeal
"must fail if there is 'any evidence of
probable cause.'" Id. (quoting Theron
v. U.S. Marshal, 832 F.2d 492, 501 (9th Cir. 1987),
abrogated on other grounds by United States v.
Wells, 519 U.S. 482 (1997)). On appeal, we "review
the district court's legal determinations de novo and its
findings of fact for clear error." Smith v. United
States, 82 F.3d 964, 965 (10th Cir. 1996). Here, where
the district court made no additional factual findings
concerning probable cause, our review of the district
court's judgment is purely de novo. See Santos v.
Thomas, 830 F.3d 987, 1001 (9th Cir. 2016) ("We
review the district court's judgment de novo. In this
context, that means that, with respect to the extradition
court, we stand in the same position as did the district
court." (citation omitted)).
The Magistrate Judge Found Probable Cause for the Crime
Identified in the Extradition Request
Avila-Ramos first argues that she is not extraditable because
probable cause was not found for the crime identified in the
extradition request. The extradition request charges her with
aggravated homicide, but she contends that probable cause was
found for conspiracy to commit murder, which allegedly