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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?

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  • The "promptly" part is confusing. Generally, a criminal prosecution and sentence are anything but prompt, which makes me wonder if there was a deportation under immigration laws only, or whether there was an actual criminal conviction followed by a U.S. sentence for the crime, followed by a deportation.
    – ohwilleke
    Apr 16, 2021 at 21:42

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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.

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  • Hi, thanks very much for the answer. I'm not sure you understood the question without being rude to you. The person in question is about to travel to mexico. The person was already arrested for having brought drugs to the usa from mexico and was arrested and tried by the america police in texas. He was tried, found guilty and held in a prison before being deported by american authorities back to the uk. I want to know that if the mexican authorities knew he had be found guilty in the usa of having brought drugs from Mexico across the boarder into the usa, would it stand as reason to arrest? Apr 16, 2021 at 21:04
  • @Needtoknowbasis Even reading your comment, I'm not really clear about whether he was convicted of the crime of drug possession or just deported for being in possession of drugs (an immigration violation) as the concepts are pretty subtle It sounds like you are saying that the former happened.. Clearly, it seems likely that he violated Mexican drug laws. The American conviction wouldn't preclude a Mexican conviction. I don't see why the Mexican officials couldn't arrest him for violating Mexican law (unless a statute of limitations under Mexican criminal law applied).
    – ohwilleke
    Apr 16, 2021 at 21:40
  • He moves to American with parents > he takes drugs cocaine and amphetamine) from Mexico to America > he is arrested for possesion with intent to supply in America > he is tried and charge then held in a Texas jail > he is then deported to the UK where he originally came from... as he was dealt with for his possession of drugs acquired in Mexico, would the Mexican authorities have the right to also arrest and try him for acquiring those drugs in Mexico as a seperate crime under their jurisdiction with his arrest in America as proof of his guilt in acquiring those drugs in Mexico? Apr 16, 2021 at 23:14
  • "would the Mexican authorities have the right to also arrest and try him for acquiring those drugs in Mexico as a seperate crime under their jurisdiction " yes. "with his arrest in America as proof of his guilt in acquiring those drugs in Mexico?" This would be relevant evidence perhaps, but wouldn't result in an automatic conviction. The U.S. conviction would justify an arrest (apart from statute of limitations issues), but probably not a conviction in and of itself.
    – ohwilleke
    Apr 16, 2021 at 23:24
  • Thank you very much for the answers to this question. Obviously because each country is different, I understand the difficulty in answering. I also think it is an interest consideration for anyone arrest smuggling drugs from one country to another, where the countries share criminal records and have strong opinions on drug smuggling. Also as law is based mostly on common sence, one would assume that if a conviction for bringing drugs from one country to another was secured, that the country where the drugs originated would want to know for further investigation into the source. Apr 17, 2021 at 10:56

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