Palma-Salazar v. Davis, No. 11-1070 (10th Cir. 2012)Annotate this Case
Petitioner-Appellant Jesus Hector Palma-Salazar was indicted in 1995 for conspiracy to distribute cocaine; he was arrested in Mexico in 2002. After he was extradited to the United States pursuant to an extradition treaty between the United States and Mexico, Petitioner pled guilty and began serving his sentence. In 2010, Petitioner filed a petition for a writ of habeas corpus, challenging his confinement at the Administrative Maximum Prison in Florence, Colorado (ADX). He alleged his confinement at ADX violated his Fifth and Eighth Amendment rights and also the extradition treaty. The district court denied his petition. It concluded it lacked jurisdiction to consider his Fifth and Eighth Amendment claims because they were challenges to the conditions of his confinement and must, therefore, be brought under "Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics," (403 U.S. 388 (1971)). It also concluded Petitioner's confinement at ADX did not violate the extradition treaty. Upon review, the Tenth Circuit affirmed the district court's conclusion.