In Other Media-eg NYLJ Fortune 2023, CJR, NY Mag, AJE, Georgia, CSM Click here to contact us     .

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, Nov 5 – Eran Hiya is detained while Israel seeks his extradition on attempted murder changes.

On July 19, 2024 he was brought before U.S. District Court for the Southern District of New York Magistrate Judge Jennifer E. Willis. Inner City Press was there, the only media in the courtroom. Hiya had four lawyers.  

 The Israeli Bill of Indictment says Hiya heads a criminal gang which in March 2023 "placed a powerful explosive device in Eli Musli's car." Then two of this rival gang's members were shot dead.  

 Judge Willis, who earlier in the proceeding questioned whether she as a Magistrate Judge should hear the case, rather than the Part I judge, set a schedule on the extradition request.

A brief was initially due on October; she pointed out that is Indigenous People's Day (counsel called it Columbus Day).   The hearing is set for November 12 at 11 am. Inner City Press will be following the extradition case - and the passport / citizenship case, in which on July 26 seeking to get his phone back Hiya through counsel informed Judge Victor Marrero of Judge Gardephe's suppression decision in US v. Silva, which Inner City Press is also covering, here - and which DOJ has said it may appeal.

  Hiya's lawyer asked Judge Victor Marrero for Hiya to get back the phones taken by Malaysia authorities on April 4, 2024, before the FBI flew him to the US. Judge Marrero on August 14 referred it to a Magistrate Judge: "ORDER as to Eran Hiya. The Clerk of Court is hereby respectfully ORDERED to assign the motion pending in this matter at Docket No. 19 to a Magistrate Judge for a Report and Recommendation. (Signed by Judge Victor Marrero on 8/14/2024)."

On September 25, this: "REPORT & RECOMMENDATION as to Eran Hiya. TO THE HONORABLE VICTOR MARRERO: Defendant Eran Hiya moves under Federal Rule of Criminal Procedure 41(g) for an order returning property seized from him at the time of his arrest in Malaysia. The Honorable Victor Marrero referred this motion to me for a report and recommendation. ECF No. 25. I recommend that the district court find that the search warrant is supported by probable cause and that the Government's delay in seeking a search warrant once the property was in U.S. custody was not unreasonable. I reserve on the question whether the U.S. law enforcement cooperation with the Malaysian officials implicates constitutional restrictions; a question the resolution of which may require an evidentiary hearing.... CONCLUSION. I recommend that the district judge find that the warrant was supported by probable cause and that the delay in obtaining the warrant was not unreasonable. Should the district judge adopt my recommendation, I request that the district judge remit the matter to me for further consideration as to whether an evidentiary hearing is proper. Hiya's motion to stay the execution of the search warrant pending resolution of his motion for the return of property under Rule 41(g) motion is DENIED. (Signed by Magistrate Judge Sarah Netburn on 9/24/2024) The parties shall have fourteen days from the service of this Report and Recommendation to file written objections"

Jump cut to June 30, when after Hiya was ordered free on bond in the criminal case, the US Attorney's Office wrote in asking he remained detained on the extradition case, including so that the US may "comply with treat obligations to transfer Hiya to Isreali custody."

Late on July 1, this: "The Court will hold a bail hearing in this matter at 11:30 AM on July 2.

Then two stays docketed on July 7: "The release order issued by Judge Willis on July 2, 2025 in In the Matter of the Extradition of Eran Hiya, 24 Mag. 1971 (JW), is hereby stayed on consent pending resolution of the Government's appeal. The Government shall file its appeal by July 9, 2025. Defendant's opposition is due July 13, 2025. The Government's reply, if any, is due July 16, 2025. (Signed by Judge Jennifer H. Rearden on 7/3/2025)

ORDER as to Eran Hiya. On July 3, 2025, Hiya, with the Government's consent, filed a letter motion requesting a stay of this Courts June 23, 2025 certificate of extradition. Dkt. No. 63. Hiya requests that the certification of extradition be stayed until July 23, 2025. Dkt. No. 63-1. In doing so, Hiya fails to cite to any caselaw in this Circuit that would inform this Court is its authority to grant him such a stay. Given the apparent authority of this Court to do so, Hiya's request for a stay until July 23, 2025 is GRANTED. The Government is ordered to communicate the terms of this order and provide a copy of it to all government agencies which might be involved in this matter, including but not limited to, the U.S. Department of State, the Federal Bureau of Investigation, the U.S. Marshals Service, the U.S. Department of Immigration and Customs Enforcement, and the U.S. Department of Justice, Office of International Affairs. (Signed by Magistrate Judge Jennifer E. Willis on 7/4/25) (jw)

On November 5 on no notice he pled guilty to Count 1 in the Magistrates Court, control date in 90 days, detention "due to failure to satisfy conditions."

More on X for Subscribers here & Substack here

The extradition case is USA v. Hiya, 1:24-mj-1971 (Willis)

The passport / citizenship case is US v. Hiya, 24-cr-282 (Marrero)

***

Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.

Feedback: Editorial [at] innercitypress.com
SDNY Press Room
500 Pearl Street, NY NY 10007 USA

Mail: Box 130222, Chinatown Station, NY NY 10013

Reporter's mobile (and weekends): 718-716-3540

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2024 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com