Judge denies man’s motion to suspend extraditability order

U.S. District Court for the NMI Chief Judge Ramona V. Manglona has denied a motion to suspend her order for Korean businessman Jae Boong Kim’s extraditability pending review of his appeal.

Manglona said there obviously may be irreparable injury if her order is not stayed as Kim may be extradited and appellate review frustrated. But given her review of the merits in both the extradition proceeding and the habeas proceeding, Kim stands little if any chance of succeeding on the merits, Manglona said.

“The court therefore does not exercise its discretion to grant a stay pending appeal,” said the judge in denying Kim’s motion to stay.

The U.S. government, on behalf of the Republic of Korea government, has filed two extradition cases against Kim for offenses committed entirely in Korea.

Last October and November, Manglona issued a certification of extraditability for Kim in connection with the two cases.

Kim, through counsel Stephen Woodruff, recently filed an emergency motion to stay extraditability, citing that this relief is necessary on an emergency basis because Kim’s surrender to officers or agents of the Republic of Korea and transportation out of the United States and out of the jurisdiction of the U.S. courts would appear to be imminent, and could occur at any time.

Woodruff said this is in light of the court’s denial of Kim’s petition for writ of habeas corpus and denial of his prior stay motions in the two cases.

Woodruff said such surrender could occur at any time and would result in irreparable harm to Kim by depriving him of the due process of law to which he is entitled, specifically appellate review of the court’s denial of his petition for writ of habeas corpus.

In denying the motion to stay, citing a Ninth Circuit precedent, Manglona said there is no appeal from an extradition order by the government or by the defendant. Manglona said a review instead must be sought via a petition for writ of habeas corpus.

Manglona said she already issued an extradition certifying Kim as extraditable and that she has also reviewed this matter on a petition for writ of habeas corpus, where she again found extradition proper.

Manglona said she denied a certificate of appealability in those habeas proceedings.

Without one from her court, the judge said, the only way Kim can appeal the case is if he obtains one from a circuit judge.

Kim contends that his appeal of a habeas proceeding is as of right and that he need not obtain a certificate of appealability.

Manglona said the Ninth Circuit disagrees.

Manglona said she declines to stay these proceedings pending a circuit judge’s grant of discretionary review.

Federal agents arrested Kim in May 2013 on Saipan based on two outstanding arrest warrants in South Korea for allegedly defrauding two women of about 530.8 million won ($477,632) and defrauding some Korean nurses by falsely promising them jobs in Guam.

Woodruff earlier stated that Kim admits that he borrowed money from the two persons described in the complaint, but with the intent to fully repay them.