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Question... an Englishman who lived in Texas for a few years, who did not have a green card (but his parents did) visited Mexico and smuggled drugs from Mexico into the USA. He was caught with possesion with intention to supply cocaine and methamphetamine. He was promptly deported back to the UK.

My question is would he be liable to be arrested in Mexico if he travelled there (flying to Mexico direct from the UK) having been found guilty in the USA of bringing drugs from Mexico across the border into the USA?

Does the charge and deportation stand as evidence of his possesion of these drugs whilst on the Mexico side of the border?

Needtoknowbasis
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1 Answers1

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When he is in Mexico there are two things that U.S. courts have recognized that they can do to bring him to justice on U.S. charges.

  1. Request that he be extradited under the U.S.-Mexico extradition treaty (which happens through diplomat to diplomat communication), or

  2. Kidnap him and present him to a U.S. court.

Mexico will not enforce a violation of U.S. penal laws absent a formal U.S. extradition request. It could, however, choose to investigate him and arrest him for violation of Mexican drug laws.

The deportation might supply grounds for an arrest and investigation, but is would not lead to an automatic conviction on the charges and might not even be admissible in a criminal trial, although the underlying facts that gave rise to the deportation would be admissible on the same basis as other criminal evidence.

ohwilleke
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