A Northern California court denied the former president Alexander Toledo -accused of accepting US$35 million in bribes linked to the construction of a highway between Brazil and Peru- a request not to be extradited to his country while a higher court resolves one of his appeals in order to remain in USA.
Instead, Judge Laurel Beeler ordered that Toledo not be extradited for at least seven days so he has time to petition an appeals court to allow him to stay in the United States.
“Petitioner’s request not to be extradited while an appeal of an order denying his habeas corpus is resolved, but Petitioner’s other request to stay temporarily is granted”, maintained the magistrate.
On April 22, the judge rejected Toledo’s appeal to a court order that had certified his extradition and ordered the case closed. After that, the former president asked the court to stop sending him to Peru while said appeal was resolved.
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The extradition was certified in September 2021 by another California judge, thomas hixonbut to prolong the extradition process Toledo filed a habeas corpus a month later, alleging that the extradition treaty between USA and Peru cannot be applied to his case because Peru has not formally charged him. The court rejected these arguments.
The motion that the judge approved on Monday is no longer related to the appeal of the denial of habeas corpus but to file a separate request before an appeals court. If you do, the appellate court will decide. But if Toledo does not submit that request, he could be extradited after the expiration of the seven-day period given by the judge.
