CASE BRIEF: UNITED STATES V. ALVAREZ – MACHAIN
Case Brief: United States V. Alvarez- Machain
Farhat Mir
Liberty University
HLSC520: Legal Issues in Homeland Security
Dr. Colin Ashburn
August 03, 2025
CASE BRIEF: UNITED STATES V. ALVAREZ – MACHAIN
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Facts: In 1985 a US drug enforcement agency’s agent Enrique Camarena-Salazar was abducted,
tortured and later murdered by drug dealers in Mexico. Reference this case in April 1992 Dr.
Humberto Alvarez- Machain a Mexican citizen who was allegedly involved in kidnapping and
killing of a DEA agent was abducted and brought to United States to face the alleged charges
against him in the court of law. The United States vs. Alvarez-Machain case is about
AlvarezMachain is about the forceful abduction of Alvarez-Machian from his home in Mexico in
1990 nd was flown to United States to face the trial of an alleged DEA agent killing. The DEA
believed that Alvarez-Machain a medical doctor in Mexico prolonged the life of DEA agent for
further interrogation and torture. This case highlights the problem about Alvarez-Machain
abduction from
Mexico. Alvarez-Machain claimed that his abduction from Mexico violated the treaty between
Mexico and United states and based on this fact he moved to dismiss the indictment. The
District court dismissed the case stating that Alvarez abduction from Mexico violated the treaty
between Mexico and United States and ordered Alvarez’s return to Mexico. The United States
Supreme court reversed the lower court’s decision and certiorari.
Procedural History: The procedural history of Alvarez-United States case is a long series of legal
battles to prove that Alvarez’s abduction from Mexico did violated the extradition treaty
between Mexico and the United States. The lower court already dismissed the case due to the
forcibly abduction of Alvarez from Mexico which according the district court was a violation of
extradition treaty between two countries. The Supreme Court reversed the decision based on
the facts that the treaty between two countries did not preclude the trial in the US even if the
jurisdiction was obtained through abduction. Following the Supreme Court ruling due to
insufficient evidence
CASE BRIEF: UNITED STATES V. ALVAREZ – MACHAIN
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Alvarez was acquitted which brought a civil law suit against United States and others.
Issue: The main issue with this case was if a foreign national who gets abducted from his home
country a country which as an extradition treaty with United States can use this abduction in his
defense.
Rule(s): The key rule in Alvarez- Machine Vs. Unites States case the Supreme court ruling was
that an abduction of a foreign national suspect form his home country with which united states
has an extradition treaty doesn’t bar the suspect from a trial in the United States. The United
States Supreme court held that the presences of an extradition treaty doesn’t not automatically
preclude the use of abduction to gain the jurisdiction over accuse. The primary focus is whether
the abduction of accused violated the terms of the treaty between the two countries. The
Supreme Court also considered the international law prohibited the abduction. The ruling
affirmed that the court has jurisdiction over the defendant before the court even if the presence
of the defendant was result of an abduction. The ruling does not mean that all the abductions
are permissible in the court of law.
Application Analysis: “The judges cited Ker v. Illinois, which addressed the issue of a defendant
brought before the court by forcible abduction. In that case, the Court had held that “such
forcible abduction is no sufficient reason why the party should not answer when brought within
the jurisdiction of the court which has the right to try him for such an offence, and presents no
valid objection to his trial in such court” (pp. 660-661) (ICD - Alvarez-Machain - Asser Institute,
n.d.). The Alvarez vs. U.S case ruling gave rise to the more discussion about the case and
whether if the government played a role in this abduction. This case sparked the international
reaction and several counters criticized the United States violation of other country’s overnight
CASE BRIEF: UNITED STATES V. ALVAREZ – MACHAIN
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and violation of international law. This case raised question about jurisdictional issues whether
the U.S court has jurisdiction over Alvarez since his presence in the court in United States was
result of a forceful abduction form his country. This case impacted the U.S foreign policy and
other nations raised questions about U.S actions to undermine international cooperation and
rule of law.
Conclusion: “A majority of the Supreme Court succumbed to the appeal for seeing justice
served on the parties who brutally tortured and murdered Agent Camarena; however, the
devastation to peace and respect among nations and the integrity of the United States is not
worth the shallow reward of retribution” (n.d.).The decision of United States vs. Alvarez –
Machain demonstrated that kidnapping is illegal whether it’s for the ransom or for the sense of
justice. “By the Court's decision, all possibilities must be provided for in a treaty, or the
seemingly improbable action may occur and not be in violation of the treaty. The interests of
protecting the sovereignty of nations and of upholding treaty obligations must prevail over rigid
formalism and an executive policy of vigilante justice” (n.d.). The supreme court of United States
concluded that forcible abduction of Alvarez a Mexican citizen from his home country despite
the existence of an extradition treaty did not prohibit his trial in the US court for violating US
criminal law.
I don’t agree with the court decision since United States is knows as a champion of human
rights, democracy and respect for international law and respecting other countries sovereignty.
In order for United States to keep its respect as a world leader in human rights and democracy
United States must work within the boundaries of international laws and resect the treaties
signed with other sovereign nations.
CASE BRIEF: UNITED STATES V. ALVAREZ – MACHAIN
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References:
ICD - Alvarez-Machain - Asser Institute. (n.d.). Www.internationalcrimesdatabase.org.
https://www.internationalcrimesdatabase.org/Case/1162/Alvarez-Machain/
(n.d.). Https://Scholarship.law.unc.edu/Cgi/Viewcontent.cgi?
Referer=&Httpsredir=1&Article=1498&Context=Ncilj.
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