This section contains the nature of the case and procedural background.

Alvarez-Machain (D) was a medical doctor. The DEA alleged that D participated in a murder of one of its agents in Mexico by prolonging the agent’s life so that others could torture and interrogate the agent, Camarena. D was forcibly kidnapped from his medical office in Guadalajara and flown to El Paso. D was then arrested and indicted. D moved to dismiss the indictment claiming that his abduction constituted outrageous governmental conduct and that the District Court lacked jurisdiction to try him because he was abducted in violation of an extradition treaty between the U.S. and Mexico. The District Court held that it lacked jurisdiction to try D as his abduction violated the Extradition Treaty. The Court of Appeals affirmed the dismissal and the order of repatriation. The Supreme Court granted certiorari.

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