Court of Appeals for the Ninth Circuit June 3, 2003, Nos. 99-56762, 99-56880 (Alvarez-Machain v. United States)

lead-opinion

*608Opinion by Judge McKEOWN; Concurrence by Judge FISHER; Dissent by Judge O’SCANNLAIN; Dissent by Judge GOULD.

OPINION

McKEOWN, Circuit Judge.

We must decide whether the forcible, transborder abduction of a Mexican national, Humberto Alvarez-Machain (“Alvarez”), by Mexican civilians at the behest of the Drug Enforcement Administration (the “DEA”) gives rise to a civil claim under