Federal court stays Miura extradition

The federal court yesterday afternoon granted Kazuyoshi Miura’s emergency motion to stay the Superior Court’s decision for his extradition to California where he is facing murder and conspiracy to commit murder charges over the killing of his wife in 1981.

This developed as Miura’s lawyers filed the emergency motion as well as a petition for habeas corpus before the U.S. District Court for the NMI yesterday at 4:45pm.

Miura’s lawyers decided to take the extradition case to the federal court shortly after the CNMI Supreme Court yesterday afternoon denied another emergency motion for a stay of Miura’s extradition order.

In a one-page order, U.S. District Court for the NMI chief judge Alex R. Munson said Miura’s emergency motion for a stay of extradition is granted until further order of the court.

Munson set a hearing for Monday at 9am. No other information was specified in the order.

In a press conference late afternoon yesterday, Bruce Berline, one of Miura’s lawyers, said they immediately filed the petition for habeas corpus because they have information that their client might be extradited to California over the weekend.

Asked whether the Los Angeles Police Department detectives are on their way to Saipan again, Berline said their only information is that Miura might be extradited over the weekend.

The lawyer also admitted that the federal court’s deadline to personally file documents is 3:30pm, but that Munson gave them an extra hour to file.

Shortly before Munson’s order, chief justice Miguel S. Demapan, associate justice Alexandro C. Castro, and justice pro temp Jesus C. Borja denied another emergency motion for a stay of Miura’s extradition and removal.

The justices also denied Miura’s request for a temporary three-business day stay of extradition and removal pending his application for habeas corpus to the U.S. District Court for the NMI.

Earlier, the justices affirmed Superior Court associate judge Ramona V. Manglona’s decision to extradite Miura to California.

This prompted Miura’s lawyers to file again on Wednesday an emergency motion asking the high court to stay the extradition or his removal while he pursues further proceedings in federal court.

But the CNMI government opposed the motion. Assistant attorney general Jeffery Warfield Sr. asserted that the motion should be summary denied as Miura cannot show any probability of success on the merits.

The California Superior Court is expected to issue a ruling today, Saturday, on Miura’s motion to quash the warrant and dismiss the case.