Request for release of fugitive businessman denied

The federal court has denied Korean businessman Jae Boong Kim’s bid to be released pending his appeal of the court’s order for his extraditability. Kim has been in federal custody for more than 20 months now.

In an order Monday, U.S. District Court for the NMI Chief Judge Ramona V. Manglona ruled that Kim has not made a strong showing of success on the merits or demonstrated that his case is unique in ways that overcome the presumption against release of an extradite pending appeal.

“Although the appeal process is somewhat delayed by the stay of the briefing schedule, at this point the delay is not so prolonged as to be unusual. Special circumstances calling for release do not presently exist,” Manglona said.

The judge pointed out that Kim has not demonstrated that having to defend two extradition cases simultaneously is unique.

Manglona said Kim has not explained how this circumstance, even if unique, has any bearing on whether he should be released pending appeal.

Kim, through counsel Stephen Woodruff, maintained that the legal proceedings in this matter have been extraordinarily protracted, and that the delay cannot be attributed to him.

Manglona said it is unnecessary for any of the parties, or for the court, to engage in finger-pointing about who is responsible for the length of the extradition and habeas proceedings.

“Given the number of issues raised and the volume of evidence presented in the extradition cases, the time it took to resolve them is expectable,” Manglona said.

Kim has been in federal custody since his arrest on May 17, 2013, on a fugitive warrant to face possible extradition to the Republic of Korea in two criminal actions.

In October and November 2013, Manglona issued a certification of extraditability for Kim in connection with the two cases.

Federal agents arrested Kim 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.

Kim then applied for the writ of habeas corpus. The court denied the petition. He appealed the denial.

In his appeal, Kim applied for a stay of extradition pending appeal in May 2014. The Ninth Circuit granted the request.

In November 2014, Kim moved the Ninth Circuit for release pending appeal. The Ninth Circuit denied the motion, but allowed him to present the motion in the district court.

In his motion, Kim asserted that he is entitled to release because his continued detention violates a federal statute that limits the period during which he may be detained to two months and special circumstances.