Judge once again blocks El Chapo’s son, Ovidio Guzmán’s extradition

• A United States court wants Ovidio Guzmán extradited.
• A Mexican judge set a deadline for the US.
• His extradition had not been requested.

The son of Joaquín «El Chapo» Guzmán Loera was captured by Mexican authorities and all hell broke loose in various areas of the Mexican state of Sinaloa. He was also arrested in October 2019 but was released on the instructions of Mexico’s President.

After the controversial recapture of Ovidio «El Ratón» Guzmán, a Mexican judge reviewed the case and determined that the United States government should make a request to proceed with the extradition, but said request has a new deadline.

Judge issues definitive suspension for Ovidio Guzmán’s extradition

The son of El Chapo Guzmán obtained a final suspension against his extradition. The Fifth District Court in Matters of Appeals and Federal Trials in the State of Mexico granted the measure to stop him from being taken to the United States.

However, the judge did not grant a definitive suspension requested against the arrest warrant, since the act was carried out in an «irreparable manner», according to El Universal. This doesn’t mean it’s the end of the extradition process for Ovidio Guzmán.

The date that could decide the future for El Chapo’s son

A federal judge based in Mexico set the deadline for the extradition request at March 5, 2023. The US State Department must submit a formal extradition request for El Chapo’s son by this date.

According to El Economista, El Raton is wanted by a court in the District of Columbia, but the State Department had not submitted the necessary request at the time of writing this article. Filed as: Ovidio Guzmán’s extradition

Mexico asks the US for a formal application

«March 5, 2023, the deadline for the requesting State to formulate the respective formal request expires,» said the District Judge Specialized in the Accusatory Criminal System of the Federal Criminal Justice Center in the State of Mexico, according to El Economista.

Previously, Alfonso López Moreno, Fifth District Judge in Matters of Appeals and Federal Trials in the State of Mexico determined that Ovidio Guzmán should remain in El Altiplano and granted him a provisional suspension against his extradition. Filed as: Ovidio Guzmán’s extradition

El Raton is granted protection

“This precautionary measure is granted, so that the direct complainant is not extradited and remains at the disposal of this court of protection, in what corresponds to his personal freedom, in the place where he is being held and at the disposal of the judge,» determined the Mexican judge, according to El Economista.

“Without prejudice to the continuation of the extradition procedure that is being instructed. The foregoing, until the definitive suspension is issued,” he added. Filed as: Ovidio Guzmán’s extradition

What is needed to extradite Guzmán?

The United States government and Mexico have entered into an extradition treaty that allows for the transfer of prisoners like Ovidio Guzmán. This contract states that, «Extradition will only be granted if it is determined that the evidence is sufficient, in accordance with the laws of the requested Party.»

In addition, Mexico has an International Extradition Law that states the requirements and formalities for extradition. Among the provisions of Mexican law, the right to be heard in defense and to be provided with the pertinent legal resources is stipulated.