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How this document has been cited

Rather, an extradition hearing is "of the character of those preliminary examinations which take place every day in this country before an examining or committing magistrate for the purpose of determining whether a case is made out which will justify the holding of the accused... to ultimately answer to an indictment, or other proceeding, in which he shall be finally tried …
- in Austin v. Healey, 1993 and 51 similar citations
T] he proceeding before the [court] is not to be regarded as in the nature of a final trial by which the prisoner could be convicted or acquitted of the crime charged against him, but rather of the character of those preliminary examinations which take place every day in this country before an examining or committing magistrate for the purpose of determining whether a case …
The alleged fugitive from justice has had his hearing and habeas corpus is available only to inquire whether the magistrate had jurisdiction, whether the offense charged is within the treaty and, by a somewhat liberal extension, whether there was any evidence warranting the finding that there was reasonable ground to believe the accused guilty.
- in Fernandez v. Phillips, 1925 and 23 similar citations
The Supreme Court has described these extradition hearings to determine probable cause as akin to a grand jury investigation or a preliminary hearing under Federal Rule of Criminal Procedure 5.1.
- in Santos v. Thomas, 2016 and 18 similar citations
The detainees' claims are not in the nature of an action barred by § 2241 (e)(2) because, based upon longstanding precedents, it is clear they allege a proper claim for habeas relief, specifically an order barring their transfer to or from a place of incarceration.
- in Kiyemba v. Obama, 2009 and 18 similar citations
Indeed, "whether [the forgery] is made with the pen, with a brush... with any other instrument, or by any other device whatever; whether it is in characters which stand for words or in characters which stand for ideas... is quite immaterial...."
- in People v. Avila, 1988 and 18 similar citations
We are not sitting in this court on the trial of the prisoner, with power to pronounce him guilty and punish him or declare him innocent and acquit him
- in Santos v. Thomas, 2016 and 18 similar citations
There are no common law crimes of the United States, and, indeed, in most of the States the criminal law has been recast in statutes, the common law being resorted to in aid of definition.
- in Wright v. Henkel, 1903 and 17 similar citations
—the final determination of those facts may be entrusted by Congress to executive officers; and in such a case, as in all others, in which a statute gives a discretionary power to an officer, to be exercised by him upon his own opinion of certain facts, he is made the sole and exclusive judge of the existence of those facts, and no other tribunal, unless expressly authorized by …
- in Montgomery v. Ffrench, 1962 and 21 similar citations

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480 F. 3d 664 - Court of Appeals, 4th Circuit 2007
714 F. 2d 1558 - Court of Appeals, 11th Circuit 1983
Dist. Court, D. Puerto Rico 2023
Dist. Court, D. New Jersey 2020
Dist. Court, D. New Jersey 2013
Dist. Court, CD California 2014
561 F. 3d 509 - Court of Appeals, Dist. of Columbia Circuit 2009
64 Ohio St. 3d 193 - Ohio: Supreme Court 1992
619 F. 2d 167 - Court of Appeals, 2nd Circuit 1980
185 F. Supp. 925 - Dist. Court, SD New York 1960

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