Kater Gets To Stay For
Now
The Sala Constitucional
(Constutitional Court)
yesterday suspended the
extradition of Nicole
Elsie Kater to the
United States, wanted on
parental kidnapping
allegations.
The Sala IV magistrates
accepted the write of
habeas corpus presented
by the country's Fiscal
General, Francisco
Dall’Anese, to avoid
that the woman be
extradited as ordered by
the Tribunal de Casación
Penal de San Ramón
ordered on December 17
the extradition of Kater.
"To this end, the
Constitutional Court is
suspending the country's
expelling of Mrs Kater,
unless she expresses
freely and voluntarily
to the desire to do so
with proper legal advice
and warning of the legal
consequences of her
decision", said the
press office of the
Poder Judicial.
The Court is asking a
report of the San Ramón
court order and informed
immigration officials of
their decision to grant
Kater the stay.
Kater, 28, was teaching
crafts at a school in
Cobano de Puntarenas
when she was detained by
authorities last April.
Kater filed a writ with
the immigration service
in July alleging
domestic violence abuses
by the father of the
child, denying her the
benefit of refugee
status. Days earlier,
Chere Lyn Tomayko, had
filed and was granted
such a status based on
similar grounds.
Kater is wanted by the
Humboldt country in
California, the child's
father alleging parental
kidnapping, although,
according to Kater, he
had given permission for
her to take the child to
Costa Rica.
In September the
Tribunal Penal de
Puntarenas rejected
extradition citing that
the woman and child had
entered the country
legally and had complied
with all requirements in
the US. However,
following an appeal by
the Procuraduría, the
Tribunal de Casación
Penal de San Ramón, on
December 17, ordered the
woman extradited.
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