UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

IN THE MATTER OF THE Misc. No. 14-MJ-30534

EXTRADITION OF

OMAR ABDUL-RAZAQ, Hon. R. Steven Whalen

a/k/a OMAR RAZAQ United States Magistrate Judge

 /

CERTIFICATION OF EXTRADITION

On October 24, 2014, the United States filed a complaint for the provisional arrest

of Omar Abdul-Razaq (“Razaq”), at the request of the Government of Canada

(“Canada”), pursuant to the Extradition Treaty between the United States and Canada. 

Counsel was appointed, and on October 27, 2014, Razaq consented to detention. On

December 11, 2014, the United States received the formal request for Razaq’s extradition

to Canada, supported by the appropriate documents. On January 19, 2015, the matter was

referred to the undersigned Magistrate Judge to conduct an extradition hearing. The Court

subsequently granted counsel’s motion to withdraw and appointed new counsel. 

A hearing was held on March 26, 2015, pursuant to 18 U.S.C. § 3184. Present

were Razaq, his attorney, and the Assistant United States Attorney, representing the

United States. The Court admitted the following Exhibits offered by the United States: 

(1) The duly certified Declaration of Anna Cavnar, an Attorney-Adviser in the

Office of the Legal Adviser, United States Department of State, to which were attached

the Extradition Treaty between the United States and Canada of December 3, 1971, which

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entered into force on March 22, 1976, the Protocol Amending the Extradition Treaty with

Canada of January 11, 1988, which entered into force on November 26, 1991, and the

Second Protocol Amending the Extradition Treaty with Canada of January 12, 2001,

which entered into force on April 30, 2003. [Government’s Exhibit No. 1].

(2) The duly authenticated affidavits of Amanda Rubaszek, Prosecutor for the

Ministry of Attorney General for the Province of Ontario, to which is attached (a) a

certified true copy of the Information charging Razaq and a certified true copy of the

Warrant for the Arrest of Razaq; and (b) the duly authenticated Affidavit of Fact prepared

on November 17, 2014 by Clint Eggenberger, police officer with the Peel Regional Police

Service, to which is attached a photograph of Omar Abdul-Razaq. [Government’s Exhibit

No. 2].

(These Exhibits are submitted with this Certification, along with the transcript of

the hearing held on March 26, 2015).

Having reviewed the Exhibits and heard the statements of both the Assistant

United States Attorney and Mr. Abdul-Razaz, the Court makes the following findings of

fact and conclusions of law:

(1) As a United States Magistrate Judge, I am a judicial officer of the United States

who is authorized to conduct these extradition proceedings under 18 U.S.C. § 3184. See

Austin v. Healey, 5 F.3d 598, 601-602 (2d Cir. 1993), cert. denied 510 U.S. 1165 (1994).

(2) This Court has jurisdiction over Omar Abdul-Razaq. 18 U.S.C. § 3184.

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(3) The applicable extradition treaty between the United States and Canada, a copy

of which is set forth in Government’s Exhibit No. 1, is in full force and effect. See

Declaration of Anna Cavnar, Government’s Exhibit 1.

(4) A crime for which surrender is requested, to wit, uttering threats contrary to 

§ 264.1 of the Criminal Code, punishable by a term of incarceration not exceeding five

years, is an extraditable offense under the applicable treaty, and would constitute a crime

punishable by a term of incarceration greater than one year under the laws of the United

States. See 18 U.S.C. § 875. However, the second charged offense, making harassing

telephone calls, § 373(3) of the Criminal Code, is punishable on summary conviction and

carries a maximum penalty of six months incarceration. See § 787(1) of the Criminal

Code. That offense is therefore not extraditable under the applicable treaty.

(5) Based on the affidavits of Amanda Rubaszek and Clint Eggenberger, there is

probable cause to believe that Omar Adbul-Razaq committed the offense of uttering

threats.

The requirements of 18 U.S.C. § 3184 having been satisfied, 

IT IS HEREBY CERTIFIED that Omar Abdul-Razaq, a/k/a Omar Razaq, is

subject to extradition to Canada to answer to the charge of uttering threats.

s/R. Steven Whalen 

R. STEVEN WHALEN

UNITED STATES MAGISTRATE JUDGE

Dated: April 7, 2015

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was sent to parties of record on

April 7, 2015, electronically and/or by U.S. mail.

s/Carolyn M. Ciesla

Case Manager 

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