Avila-Ramos v. Kammerzell

Filing 71

ORDER granting 67 MOTION for Order to EXTEND STAY OF EXTRADITION, construed as a motion for stay pending appeal. Execution on the 56 Final Judgment is hereby STAYED pending disposition of Avila-Ramoss appeal to the United States Court of Appeals for the Tenth Circuit (USCA Case Number 17-1014). ORDERED by Judge William J. Martinez on 02/09/2017. (cthom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 16-cv-1221-WJM-KLM
MIRELLA IVONNE AVILA-RAMOS,
Petitioner,
v.
JOHN L. KAMMERZELL, United States Marshal for the District of Colorado, and
KENNETH DEAL, Acting United States Marshal for the District of Colorado,
Respondents.

ORDER GRANTING STAY PENDING APPEAL

Before the Court is Avila-Ramos’s Motion for Order to Extend Stay of Extradition.
(ECF No. 67.) The Court construes this as a motion for stay pending appeal and, so
construed, grants the motion for the reasons explained below.
At the outset, the Court notes that its appointm ent of the Federal Public
Defender’s office to represent Avila-Ramos (ECF No. 55 at 13–14) was not meant as
an invitation to continue developing the factual record or otherwise litigating this case in
any manner other than taking an appeal—which Avila-Ramos has now done (see ECF
No. 59 (notice of appeal)). Thus, the Court sees no relevance in Avila-Ramos’s desire
for more time to obtain, for example, new translations of various documents. AvilaRamos does not have, and has never had, a right in extradition proceedings to
preemptively defeat the charges against her. The question at the extradition phase is
one of procedural formalities and probable cause, not guilt or innocence. Nonetheless,
a stay pending appeal is appropriate as described below.

This Court has jurisdiction to entertain a motion for stay pending appeal, even
after a notice of appeal has been filed. See Fed. R. App. P. 8(a)(1)(A). The traditional
factors governing stays and injunctions apply when considering a stay pending appeal.
See Nken v. Holder, 556 U.S. 418, 426–27 (2009). Thus, a stay is warranted if the
movant shows “(1) its strong position on the merits of the appeal; (2) irreparable injury if
the stay was denied; (3) that a stay would not substantially harm other parties to the
litigation; and (4) that the public interests favor a stay.” SIPC v. Blinder, Robinson &
Co., 962 F.2d 960, 968 (10th Cir. 1992). Alternatively, “when the moving party
demonstrates that the second, third, and fourth factors tip strongly in its favor,” a stay is
appropriate so long as “questions going to the merits are so serious, substantial,
difficult, and doubtful as to make the issue ripe for litigation and deserving of more
deliberate investigation.” Verlo v. Martinez, 820 F.3d 1113, 1128 n.5 (10th Cir. 2016)
(internal quotation marks omitted).
Here, the irreparable harm factor weighs heavily in Avila-Ramos’s favor because
extradition would moot her appeal, thus depriving her of all potential remedy. The Court
further finds no substantial harm to the Government or Mexico if extradition was stayed
pending appeal because Avila-Ramos remains in custody. Also, it is in the public
interest to ensure that a movant may pursue lawful recourse without the threat of the
opposing party, at its discretion, destroying any possibility of reprieve and thereby
mooting the proceeding. The Court accordingly finds that the second, third, and fourth
stay factors “tip strongly” in Avila-Ramos’s favor.
As to the first factor, likelihood of success, the Court cannot fairly say that the
issues surrounding Avila-Ramos’s extradition proceedings are “difficult” or “doubtful.”
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Nonetheless, the Court finds that Avila-Ramos’s claims are at least “deserving of more
deliberate investigation” on appeal. Thus, in the exercise of the Court’s inherent
equitable authority to preserve the status quo pending a merits resolution, the Court
finds that a stay pending appeal is appropriate.
Accordingly, for the reasons stated, the Court ORDERS as follows:
1.

Avila-Ramos’s Motion for Order to Extend Stay of Extradition (ECF No. 67),
construed as a motion for stay pending appeal, is GRANTED; and

2.

Execution on the judgment (ECF No. 56) is hereby STAYED pending disposition
of Avila-Ramos’s appeal to the United States Court of Appeals for the Tenth
Circuit (USCA Case Number 17-1014).
Dated this 9th day of February, 2017.
BY THE COURT:

__________________________
William J. Martínez
United States District Judge

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