| Amid Bid to Extradite Eran
Hiya to Israel His Motions for
Phones Denied but Malaysia Mulled
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
Sept 25 – Eran Hiya is
detained while Israel seeks
his extradition on attempted
murder changes.
On July 19, 2024
he was brought before U.S.
District Court for the
Southern District of New York
Magistrate Judge Jennifer E.
Willis. Inner City Press was
there, the only media in the
courtroom. Hiya had four
lawyers.
The Israeli
Bill of Indictment says Hiya
heads a criminal gang which in
March 2023 "placed a powerful
explosive device in Eli
Musli's car." Then two of this
rival gang's members were shot
dead.
Judge
Willis, who earlier in the
proceeding questioned whether
she as a Magistrate Judge
should hear the case, rather
than the Part I judge, set a
schedule on the extradition
request.
A brief was
initially due on October; she
pointed out that is Indigenous
People's Day (counsel called
it Columbus Day).
The hearing is set for
November 12 at 11 am. Inner
City Press will be following
the extradition case - and the
passport / citizenship case,
in which on July 26 seeking to
get his phone back Hiya
through counsel informed Judge
Victor Marrero of Judge
Gardephe's suppression
decision in US v. Silva, which
Inner City Press is also
covering, here
- and which DOJ has said it
may appeal.
Hiya's
lawyer asked Judge Victor
Marrero for Hiya to get back
the phones taken by Malaysia
authorities on April 4, 2024,
before the FBI flew him to the
US. Judge Marrero on August 14
referred it to a Magistrate
Judge: "ORDER as to Eran Hiya.
The Clerk of Court is hereby
respectfully ORDERED to assign
the motion pending in this
matter at Docket No. 19 to a
Magistrate Judge for a Report
and Recommendation. (Signed by
Judge Victor Marrero on
8/14/2024)."
On September 25,
this: "REPORT &
RECOMMENDATION as to Eran
Hiya. TO THE HONORABLE VICTOR
MARRERO: Defendant Eran Hiya
moves under Federal Rule of
Criminal Procedure 41(g) for
an order returning property
seized from him at the time of
his arrest in Malaysia. The
Honorable Victor Marrero
referred this motion to me for
a report and recommendation.
ECF No. 25. I recommend that
the district court find that
the search warrant is
supported by probable cause
and that the Government's
delay in seeking a search
warrant once the property was
in U.S. custody was not
unreasonable. I reserve on the
question whether the U.S. law
enforcement cooperation with
the Malaysian officials
implicates constitutional
restrictions; a question the
resolution of which may
require an evidentiary
hearing.... CONCLUSION. I
recommend that the district
judge find that the warrant
was supported by probable
cause and that the delay in
obtaining the warrant was not
unreasonable. Should the
district judge adopt my
recommendation, I request that
the district judge remit the
matter to me for further
consideration as to whether an
evidentiary hearing is proper.
Hiya's motion to stay the
execution of the search
warrant pending resolution of
his motion for the return of
property under Rule 41(g)
motion is DENIED. (Signed by
Magistrate Judge Sarah Netburn
on 9/24/2024) The parties
shall have fourteen days from
the service of this Report and
Recommendation to file written
objections"
More on X for
Subscribers here
& Substack here
The extradition
case is US v. Hiya, 24-mj-1971
(Willis)
The passport /
citizenship case is US v.
Hiya, 24-cr-282 (Marrero)
***
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