IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

CASE NO: 20-MC-22829

IN THE MATTER OF THE EXTRADITION OF

CESAR HORACIO DUARTE JACQUEZ

 /

RESPONDENT’S MOTION TO CONTINUE 

FINAL EXTRADITION HEARING AND RESET DEADLINES

Respondent, CESAR DUARTE, moves the Court to continue the Final 

Extradition Hearing and reset the briefing deadlines in this matter. In support, Mr. 

Duarte states:

The Court recently entered an order denying the Government’s Motion to Set 

Consolidated Briefing. Order, ECF No. 35. In the Order, the Court noted that “the 

resolution of [the Motion to Dismiss] will narrow the focus of the [Final Extradition 

Hearing] . . . by addressing the statute of limitations defense as to those charges in 

advance.” Id. at 1-2. The Court also noted that the Final Extradition Hearing was 

still scheduled for November 10, 2020 and suggested that the parties confer and file a 

motion to continue recommending alternative dates for the hearing. Id. at 2. The 

parties have conferred but were unable to reach agreement on an alternative date for 

the Final Extradition Hearing and alternative deadlines for the associated briefing.

Where the parties do otherwise agree on the relief requested in this motion is noted. 

In this Motion, Mr. Duarte proposes a schedule for the remaining briefing on the 

Motion to Dismiss and the Government’s Extradition Memorandum, as well as dates

Case 1:20-mc-22829-UNA Document 37 Entered on FLSD Docket 10/20/2020 Page 1 of 4
for the hearing on the Motion to Dismiss and the Final Extradition Hearing. Mr. 

Duarte requests a one-week extension of the October 27, 2020 deadline for his Reply in 

Support of the Motion to Dismiss due to the need to consult with his Mexican law 

expert to counter the arguments and evidence advanced by the Government.1 Mr. 

Duarte therefore requests that the Court set the deadline for him to file his Reply in 

Support of the Motion to Dismiss on November 3, 2020. After conferring and agreeing 

with the Government, subject to the Court’s schedule and availability, Mr. Duarte 

further requests that the Court set a hearing on the Motion to Dismiss on November 

12, 2020 or November 13, 2020. 

Mr. Duarte requests that the Court set the deadline for his response to the 

Government’s Extradition Memorandum after the Court decides the Motion to Dismiss: 

because the Motion to Dismiss seeks to dispose of the entire Extradition Complaint, it 

may obviate the need for further briefing and a Final Extradition Hearing in the first 

place.2

Mr. Duarte further proposes that the Court set the deadline for him to file his 

Response to the Government’s Extradition Memorandum fourteen (14) days following 

the Court’s order on Mr. Duarte’s Motion Dismiss. 

Mr. Duarte further proposes that the Government be required to file its Reply to 

Mr. Duarte’s Response to the Government’s Extradition Memorandum fourteen (14)

1 The government does not object to this request.

2 The Court stated in its opinion that “the statute of limitations is not raised as a bar to all charges 

pending against Respondent, and Respondent’s opposition to the extradition memorandum would not be 

avoided entirely even if he were to prevail on the Motion to Dismiss.” ECF No. 35 at 1. Mr. Duarte, 

however, respectfully submits that, while an earlier motion referred to a forthcoming motion asserting 

that 9 of 11 offenses are time-barred, the Court’s statement is inaccurate because he moved to dismiss 

the entire Extradition Complaint based on statute of limitations grounds. See generally ECF No. 29. 

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days following the filing of Mr. Duarte’s Response to the Government’s Extradition 

Memorandum.3

Mr. Duarte proposes that the Court schedule the Final Extradition Hearing on 

or about ten (10) days following the date on which the United States files its Reply 

Memorandum to Mr. Duarte’s Response to the Government’s Extradition 

Memorandum.

In sum, Mr. Duarte requests to briefly extend the deadline for his Reply in 

Support of the Motion to Dismiss so that his Mexican law expert has sufficient time to 

analyze the Government’s arguments. He also requests that the remaining briefing 

relating to the Government’s Extradition Memorandum and the Final Extradition 

Hearing follow the Court’s order on the Motion to Dismiss the Extradition Complaint. 

The schedule which Mr. Duarte proposes is a reasonable one considering the 

procedural posture of the case and the circumstances. 

WHEREFORE, the Respondent, CESAR DUARTE, respectfully requests that 

the Court enter an order adopting the above-mentioned schedule and deadlines. A 

proposed order is attached. 

3 Mr. Duarte proposes fourteen (14) days because in conferring on this matter counsel for the 

Government indicated that he would want to that amount of time to file his reply memorandum. 

Case 1:20-mc-22829-UNA Document 37 Entered on FLSD Docket 10/20/2020 Page 3 of 4
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 20, 2020 a true and correct copy of the 

foregoing has been furnished electronically via CMCEF to all counsel of record.

Respectfully submitted, 

BELL ROSQUETE REYES ESTEBAN, PLLC.

999 Ponce De Leon Blvd.

Suite 1120 - Penthouse

Coral Gables, Florida 33134

Telephone: (305) 570-1610

Direct Line: (305) 570-1576

Cellular: (305) 781-8111

Facsimile: (305) 570-1599

Email: hbell@brresq.com

By: s/ Henry P. Bell

 HENRY P. BELL

 Fla. Bar No. 0090689

Case 1:20-mc-22829-UNA Document 37 Entered on FLSD Docket 10/20/2020 Page 4 of 4