Manatt and Bird Marella Secure Historic Habeas Corpus Victory Blocking Extradition

Manatt Partner Naeun Rim along with Bird Marella partners Ekwan Rhow and Christopher Jumin Lee secured a significant pro bono victory after a federal court granted pro bono client Christopher Ahn’s petition for writ of habeas corpus and barred his extradition—the first time in U.S. history that a court has denied extradition on humanitarian grounds.

The matter stems from allegations related to a February 2019 incident at North Korea’s embassy in Madrid, Spain. The evidence was clear that Ahn entered the embassy with a human rights organization known as Free Joseon in an effort to help a group of North Koreans defect. When the would-be North Korean defectors changed their minds out of fear of retribution from the North Korean government, they claimed that the group had attempted to kidnap and rob them. Relying on the word of North Korean officials, Spanish authorities charged Ahn with attempted kidnapping, robbery, and other crimes and sought his extradition from the United States. After a magistrate judge reluctantly certified the extradition request, Ahn challenged that determination by filing a petition for writ of habeas corpus.

In its ruling, the court found that the government failed to establish probable cause or dual criminality and further held that extradition would violate Ahn’s substantive due process rights. The court also concluded that extradition was barred under the state-created danger doctrine and the humanitarian exception to extradition. As a result, the court enjoined Ahn’s extradition, while temporarily staying execution of the order to allow the government an opportunity to appeal.

The decision represents a critical win in a closely watched international extradition matter and underscores Manatt’s deep strength in high-stakes trial, white collar and international matters.

Read the opinion .