Foreign Nationals
Case Outcomes of Foreign Nationals
As of November 15, 2022
Information provided by Mark Warren of Human Rights Research
Foreign Nationals Released on Grounds of Innocence
| Name | VCCR Claim | Nationality | State | Date | Consular Intervention |
|---|---|---|---|---|---|
| Roberto Miranda | Cuba | Nevada | Sep-96 | NO | |
| Ricardo Aldape Guerra | # | Mexico | Texas | Apr-97 | YES |
| Joaquin Martinez (acquitted after retrial) | # | Spain | Florida | Jun-01 | YES |
| Michael Blair | Thailand | Texas | Aug-08 | ? | |
| Gabriel Solache | # | Mexico | Illinois | Dec-17 | YES |
| Vicente Benavides Figueroa | # | Mexico | California | Apr-18 | YES |
| Clemente Aguirre Jarquin | Honduras | Florida | Nov-18 | YES |
Executive Clemency for Death-Sentenced Foreign Nationals
| Name | VCCR Claim | Nationality | State | Date | Status | Consular Intervention |
|---|---|---|---|---|---|---|
| Gerardo Valdez Maltos | # | Mexico | Oklahoma | Jun. 16, 2001 | 30-day reprieve | YES |
| Gerardo Valdez Maltos | # | Mexico | Oklahoma | Aug. 17, 2001 | 30-day reprieve (death sentence vacated on appeal) | YES |
| Osbaldo Torres Aguilera | # | Mexico | Oklahoma | May 13, 2004 | Life without parole | YES |
| Hung Thanh Le | # | Vietnam | Oklahoma | Feb. 25, 2004 | 30-day reprieve (later executed) | YES |
| Juan Alonso Caballero Hernandez | # | Mexico | Illinois | Jan. 11, 2003 | Life without parole | YES |
| Gabriel Solache Romero | # | Mexico | Illinois | Jan. 11, 2003 | Life without parole | YES |
| Mario Flores Urban | # | Mexico | Illinois | Jan. 11, 2003 | 40 years (since released and deported; possibly innocent) | YES |
| Evan Griffith | # | Belize | Illinois | Jan. 11, 2003 | Life without parole | ? |
| Gregory Madej | # | Poland | Illinois | Jan. 11, 2003 | Life without parole | YES |
| Oswaldo Regalado Soriano | # | Mexico | Texas | Jun. 22, 2005 | Juvenile death sentence reduced to life imprisonment, under Roper v. Simmons | YES |
| Abelardo Arboleda Ortiz | # | Colombia | Federal | Jan. 17, 2017 | Federal death sentence commuted to life without parole | YES |
| Ivan Teleguz | # | Ukraine | Virginia | Apr. 20, 2017 | Life imprisonment | ? |
| Horacio Alberto Reyes Camarena | # | Mexico | Oregon | Dec. 13, 2022 | Commuted to life without parole | YES |
| Ricardo Serrano Piñeda | Mexico | Oregon | Dec. 13, 2022 | Commuted to life without parole | YES |
Noteworthy Court Decisions
| Name | Nationality | State | Date | Status | Consular Intervention | |
|---|---|---|---|---|---|---|
| Jesus Rodriguez Jimenez | Mexico | Arizona | Arizona Supreme Court, 8/7/1990 | Death sentence reduced to life imprisonment without possibility of parole for 35 years, for state’s failure to establish ‘especially cruel’ aggravating factor | YES | |
| Francisco Cardenas Arreola | Mexico | Texas | Texas Court of Criminal Appeals, 6/1993 | Death sentence reversed on appeal; resentenced to life imprisonment | YES | |
| Aurelio Barajas | Mexico | Idaho | Agreement with prosecutor, 1995 | Death sentence vacated due to incompetence to stand trial; negotiated life sentence | YES | |
| Gonzalo Marquez Marquez | Mexico | California | California Supreme Court, 1/23/2002 | Death sentence vacated for ineffective assistance of counsel (failure to conduct thorough mitigation investigation in Mexico). Resentenced to life imprisonment | YES | |
| Bernardino Zuniga Zuniga | Mexico | North Carolina | N. Carolina Supreme Court, 5/8/1998 | Death sentence vacated for intellectual disability mitigating factor; serving life sentence | YES | |
| Gerardo Valdez Maltos | Mexico | Oklahoma | Court of Criminal Appeals, 5/1/2002 | Sentence vacated for ineffective assistance; later resentenced to life | YES | |
| Kwan Fai Mak | Hong Kong | Washington | Trial court, 4/30/2002; 5/20/2002 | Sentence vacated for ineffective assistance and due process violations; 13 LIFE SENTENCES | ? | |
| Gregory Madej | Poland | Illinois | Federal District Court, 3/10/2002 | Sentence vacated for ineffective assistance; NEW SENTENCING HEARING ORDERED (later commuted) | YES | |
| Julio Mora | Spain | Florida | State Supreme Court 1/25/2002; Trial court 9/4/2002 | Sentence reversed due to erroneous application of Koon v. Dugger; LIFE SENTENCE | YES | |
| Hector Barrow | Guyana | Delaware | Superior Court, 1/4/2002 | Sentence reversed for Confrontation Clause violation; LIFE SENTENCE after new penalty hearing | ? | |
| Krishna Maharaj | United Kingdom | Florida | Trial court, 3/27/2002 | New penalty hearing; LIFE SENTENCE | YES | |
| Ramon Martinez Villareal | Mexico | Arizona | Superior Court, 09/20/2002 | Death sentence VACATED, due to intellectual disability | YES | |
| Toribio Rodriguez Rodriguez | Mexico | Arizona | Trial court, 1/28/2003 | Conviction reversed on appeal; mistrial; 25 years to life, in exchange for guilty plea | YES | |
| Gerardo Valdez Maltos | Mexico | Oklahoma | Agreement with Prosecutor, 11/16/2003 | Plea agreement to avoid re-sentencing hearing; LIFE SENTENCE | YES | |
| Kajornsak Prasertphong | Thailand | Arizona | Arizona Supreme Court, 9/15/2003 | Death sentence VACATED under Ring v. Arizona, remanded for new sentencing hearing (re-sentenced to life) | ? | |
| Osbaldo Torres Aguilera | Mexico | Oklahoma | Court of Criminal Appeals, 5/13/2004 | Stay of execution, evidentiary hearing on: Vienna Convention claim; ineffective assistance (sentence also commuted) | YES | |
| Jose Jacobo Amaya Ruiz | El Salvador | Arizona | Superior Court, 7/9/2004 | Sentence vacated due to intellectual disability; LIFE SENTENCE imposed (parole eligible after 25 years) | YES | |
| Raphael Camargo Ojeda | Mexico | Arkansas | federal district court, 8/12/2004 | Prosecution stipulated to intellectual disability in exchange for waiver of further appeals, based on Vienna Convention claim. Negotiated LIFE SENTENCE. | YES | |
| Gilberto Martinez | Cuba | Oklahoma | Trial court, 8/24/2004 | Prosecution stipulated to intellectual disability in exchange for waiver of further appeals. Negotiated LIFE SENTENCE. | ? | |
| Kenneth Richey | United Kingdom | Ohio | Sixth Circuit, 1/25/2005 | Conviction and sentence REVERSED on appeal; sentence REINSTATED on appeal by U.S. Supreme Court (11/28/5), for further review by lower courts of procedural obstacles to relief | YES | |
| Osbaldo Torres Aguilera | Mexico | Oklahoma | Court of Criminal Appeals, 9/6/2005 | affirming trial court finding of prejudice for consular rights violation and commutation to LIFE SENTENCE | YES | |
| Peter Sakarias | Estonia | California | California Supreme Court, 3/3/2005 | Death sentence vacated due to prosecutorial misconduct (arguing conflicting theories in co-defendant case) | ? | |
| Tonatihu Aguilar Saucedo | Mexico | Arizona | Maricopa County Superior Court | Juvenile death sentence reduced to life, under Roper v. Simmons | YES | |
| Martín Raúl Fong Soto | Mexico | Arizona | Pima County Superior Court, 2/21/2006 | Juvenile death sentence reduced to life, under Roper v. Simmons | YES | |
| Lynford Blackwood | Jamaica | Florida | Florida Supreme Court, 10/12/2006 | Death sentence reversed on appeal due to ineffective assistance of trial counsel (failure to develop and present mental health mitigation evidence). Re-sentenced to LIFE IMPRISONMENT, 4/20/2007 | ? | |
| Isidro Marquez Burrola | Mexico | Oklahoma | Court of Criminal Appeals, 4/17/2007 | Death sentence modified to LIFE WITHOUT PAROLE due to ineffective assistance, where trial counsel failed to seek court funding for mitigation investigation and refused assistance offered by Mexican government through Mexican Capital Legal Assistance Program (MCLAP). | YES | |
| Jesús Álvarez García | Mexico | Illinois | Trial court, 3/9/2007 | Death sentence vacated and resentenced to natural life | YES | |
| Kenneth Richey | United Kingdom | Ohio | Agreement with prosecutor, entered 12/20/2007 | Death sentence and conviction reversed on appeal; plea bargain whereby Richey was RELEASED in exchange for time served and entry of no contest plea to charge of involuntary manslaughter. | YES | |
| Daniel Angel Plata | Mexico | Texas | Court of Criminal Appeals, 1/16/2008 | Death sentence reduced to LIFE IMPRISONMENT on grounds of intellectual disability. | YES | |
| Constantino Carrera Montenegro | Mexico | California | U.S. District Court, 3/13/2008 | Death sentence set aside due to prosecutorial misconduct. Resentenced in 2015 to consecutive terms of 25 years to life. | YES | |
| Michael Blair | Thailand | Texas | 366th District Court, 5/23/2008 | Recommended REVERSAL of death sentence and conviction, after prosecution conceded that key forensic evidence has been disproved by new DNA testing. Charge dismissed in August 2008 | ? | |
| Rudi Apelt | Germany | Arizona | Maricopa County Superior Court, 5/21/2009 | Death sentence reversed on grounds of intellectual disability, resentenced to life. | YES | |
| Hector Juan Ayala | Mexico | California | Ninth Circuit, 8/20/2012 | Conviction reversed for discriminatory jury selection; on appeal, the US Supreme Court REINSTATED the conviction in 2015 (Davis v. Ayala) | YES | |
| Dieter Riechmann | Germany | Florida | Florida Circuit Court, 3/19/2010 | Death sentence reduced to LIFE IMPRISONMENT, following reversal on appeal and remand for new sentencing hearing | YES | |
| Manuel Ortiz | El Salvador | Louisiana | Louisiana 24th District Court, 8/19/2011 | Death sentence reduced to LIFE IMPRISONMENT, for prosecutorial misconduct (death sentence later reinstated; see below) | YES | |
| Erickson Dimas Martinez | El Salvador | Arkansas | Arkansas Supreme Court, 12/8/2011 | NEW TRIAL ordered for juror misconduct (later resentenced to LWOP) | YES | |
| Abdul Awkal | Lebanon | Ohio | Ohio Supreme Court, 6/18/2012 | INDEFINITE STAY of execution, on grounds of mental incompetence | ? | |
| Miguel Angel Bacigalupo | Peru | California | California Supreme Court, 8/27/2012 | Death sentence reversed for prosecutorial misconduct | YES | |
| Carlos Perez Gutierrez | Mexico | Nevada | Nevada Supreme Court, 9/19/2012 | Remanded for evidentiary hearing to determine prejudice resulting from denial of consular notification rights | YES | |
| Manuel Ortiz | El Salvador | Louisiana | Louisiana Supreme Court, 1/29/2013 | Death sentence REINSTATED | YES | |
| Virgilio Maldonado Rodriguez | Mexico | Texas | Texas Court of Criminal Appeals, 5/22/2013 | Death sentence reduced to LIFE IMPRISONMENT, on grounds of intellectual disability | YES | |
| Joaquin Arevalo | El Salvador | Florida | Trial Court 09/2013 | Death sentence reversed for ineffective assistance of counsel; resentenced to life with parole (03/2014) | YES | |
| Cam Ly | Vietnam | Pennsylvania | Court of Common Pleas, 12/12/2013 | Resentenced to life |
| |
| Bernardo Aban Tercero | Nicaragua | Texas | Texas Court of Criminal Appeals, 8/25/2015 | Execution STAYED and case remanded to address claim that key prosecution witness gave false testimony at trial | YES | |
| Michael Apelt | Germany | Arizona | U.S. District Court, 12/1/2015 | Death sentence reversed for ineffective assistance at penalty phase; (reversed on appeal by Ninth Circuit, 12/28/2017) | YES | |
| Hector Garcia Torres | Mexico | Texas | Texas Court of Criminal Appeals 12/16/2015; resentenced 2/4/2016 | Death sentence reversed for ineffective assistance; resentenced on a plea agreement to LIFE IMPRISONMENT with parole eligibility. | YES | |
| Pablo Ibar | Spain | Florida | Florida Supreme Court, 2/4/2016 | Conviction overturned for ineffective assistance, in light of the ‘scant evidence’ connecting Ibar to the murder. | YES | |
| Daniel Covarrubias Sanchez | Mexico | California | California Supreme Court, 9/8/2016 | Sentence reversed and remanded for new penalty hearing, due to jury selection error | YES | |
| Thao Tan Lam | Vietnam | Louisiana | Louisiana Supreme Court | NEW TRIAL ordered for inadequate interpretation; resentenced to 50 year term (02/2019) | ||
| Clemente Aguirre Jarquin | Honduras | Florida | Florida Supreme Court, 10/27/2016 | NEW TRIAL ordered based on newly-discovered evidence of actual innocence | YES | |
| Daniel Covarrubias Sanchez | Mexico | California | California Supreme Court, 9/8/2016 | Death sentence REVERSED for improper jury selection; subsequently resentenced to LWOP after prosecutor opted not to seek death penalty | YES | |
| Lancelot Uriley Armstrong | Jamaica | Florida | Florida Supreme Court, 1/19/2017 | Death sentence VACATED under Hurst v. State because sentencing jury did not unanimously recommend death penalty, remanded for new sentencing hearing | ? | |
| Tai Pham | Vietnam | Florida | Trial court, 3/22/2017 | Death sentence VACATED under Hurst v. State because sentencing jury did not unanimously recommend death penalty, new sentencing hearing ordered | ? | |
| Dolan Darling | Bahamas | Florida | Trial court, 3/29/2017 | Death sentence VACATED under Hurst v. State because sentencing jury did not unanimously recommend death penalty, new sentencing hearing ordered | ? | |
| Dane Abdool | Trinidad | Florida | Florida Supreme Court, 4/16/2017 | Death sentence VACATED under Hurst v. State because sentencing jury did not unanimously recommend death penalty, remanded for new sentencing hearing | ? | |
| Pedro Hernandez-Alberto | Mexico | Florida | Trial court, 5/9/2017 | Death sentence VACATED under Hurst v. State because sentencing jury did not unanimously recommend death penalty, new sentencing hearing ordered | YES | |
| Noel Doorbal | Trinidad | Florida | Florida Supreme Court, 9/20/2017 | Death sentence VACATED under Hurst v. State because sentencing jury did not unanimously recommend death penalty, remanded for new sentencing hearing | ? | |
| Hector Medina Romero | El Salvador | Texas | Court of Criminal Appeals, 10/04/2017 | Death sentence reversed for ineffective assistance of counsel; resentenced to LWOP (07/13/2020) | ||
| Ana Maria Cardona | Cuba | Florida | Trial court 12/14/2017 | RESENTENCED to life imprisonment after retrial, following reversal for improper prosecutorial argument | ? | |
| Tauno Waidla | Estonia | California | U.S. District Court for the Central District of California, 12/23/2017 | Death sentence REVERSED for ineffective assistance of counsel for failing to investigate and present mitigating evidence | YES | |
| Vicente Benavides Figueroa | Mexico | California | California Supreme Court, 3/12/2018 | Conviction and death sentence REVERSED for introduction of false forensic evidence at trial | YES | |
| Jose Echavarria | Cuba | Nevada | Ninth Circuit, 7/25/2018 | Conviction and death sentence reversal AFFIRMED, on grounds of potential judicial bias under Tumey v. Ohio | ? | |
| Pedro Hernandez Alberto | Mexico | Florida | Trial court, 8/31/2018 | RESENTENCED to 2 concurrent life sentences, following reversal under Hurst v. State | YES | |
| Clemente Aguirre Jarquin | Honduras | Florida | Trial court,11/5/2018 | Prosecution DROPPED all charges, following new evidence that further undermined case for retrial | YES | |
| Michael Apelt | Germany | Arizona | Ninth Circuit, 10/12/2018 | Appeal of death sentence reversal DENIED en banc, over 3 dissenting votes | YES | |
| Lam Luong | Vietnam | Alabama | Trial court, 10/15/2018 | RESENTENCED to life without parole following joint state and defense submission, on grounds of intellectual disability | ? | |
| Ahmad Fawzi Issa | Jordan | Ohio | Sixth Circuit, 8/21/2018 | Conviction VACATED due to inadmissible testimony used at trial, under Ohio v. Roberts | ? | |
| Dora Gudiño Zamudio (Dora Buenrostro) | Mexico | California | California Supreme Court, 12/3/2018 | Death sentence REVERSED for jury selection error under Witherspoon, remanded for new penalty hearing | YES | |
| Pablo Ibar | Spain | Florida | Trial court, 05/22/2019 | RESENTENCED to life imprisonment after retrial. | YES | |
| Avram Vineto Nika | Serbia | Nevada | U.S. District Court, 6/12/2019 | Death sentence REVERSED for trial counsel’s failure to obtain consular assistance in gathering mitigating evidence | YES | |
| Dora Gudiño Zamudio (Dora Buenrostro) | Mexico | California | California Superior Court, 8/1/2019 | RESENTENCED to life without parole, after prosecution elected not to seek death penalty | YES | |
| Carlos Avena Guillen | Mexico | California | Ninth Circuit, 8/8/2019 | Death sentence REVERSED for trial counsel’s failure to develop and present mitigating evidence | YES | |
| Joel Randu Escalante Orozco | Mexico | Arizona | Superior Court, 9/27/2019 | RESENTENCED to life imprisonment by sentencing agreement, following remand under Lynch v. Arizona | YES | |
| Cesar Roberto Fierro Reyna | Mexico | Texas | Court of Criminal Appeals, 12/18/2019 | Death sentence VACATED under Penry v. Lynaugh, for jury’s inability to properly consider mitigating evidence | YES | |
| Cesar Roberto Fierro Reyna | Mexico | Texas | Immigration Court, 5/13/2020 | Removal order issued (deported to Mexico on 5/14/2020) | YES | |
| Carlos Avena Guillen | Mexico | California | Superior Court, 6/26/2020 | RESENTENCED to life without parole, after prosecution elected not to seek new death sentence | YES | |
| Juan Lizcano Ruiz | Mexico | Texas | Court of Criminal Appeals, 9/16/2020 | RESENTENCED to life without parole, on grounds of intellectual disability | YES | |
| Gilmar Alexander Guevarra | El Salvador | Texas | Court of Criminal Appeals, 9/23/2020 | RESENTENCED to life with parole eligibility after 40 years on grounds of intellectual disability | YES | |
| Carlos Perez Gutierrez | Mexico | Nevada | Nevada Supreme Court, 12/04/2020 | Death sentence reversal AFFIRMED, due to consular rights violation resulting in ineffective assistance of counsel | YES | |
| Areli Escobar Carbajal | Mexico | Texas | Trial court 12/31/2020 | New trial recommended due to unreliable DNA testing | YES | |
| Areli Escobar Carbajal | Mexico | Texas | Court of Criminal Appeals, 01/26/2022 | Rejecting recommendation for new trial | YES | |
| Avram Vineto Nika | Serbia | Nevada | Ninth Circuit, 09/15/2022 | Denial of habeas corpus petition on guilt stage issues | ||
| Alfredo Valdéz Reyes | Mexico | California | Superior Court 09/28/2022 | Death sentence vacated as excessive, RESENTENCED to life without parole | YES | |
| Areli Escobar Carbajal | Mexico | Texas | U.S. Supreme Court 01/09/2023 | Remanded “for further consideration in light of the confession of error by Texas” | YES | |
| Carlos Perez Gutierrez | Mexico | Nevada | Trial court 01/30/2023 | Withdrawal of intent to seek death penalty, in exchange for waiver of jury resentencing | YES | |
| Carlos Perez Gutierrez | Mexico | Nevada | Trial court 05/15/2023 | RESENTENCED to life without parole | YES | |
| Tauno Waidla | Estonia | California | Ninth Circuit 05/23/2023 | Death sentence reversal AFFIRMED, for ineffective assistance of counsel: failing to investigate and present foreign mitigating evidence | YES | |
| Samuel Zamudio Jimenez | Mexico | California | Trial court, 10/03/2023 | RESENTENCED to life without parole, due to intellectual disability | YES | |
| Syed Rabbani | Bangladesh | Texas | Trial court, 11/14/2023 | RESENTENCED to life with parole, for improper jury instruction on mitigating factors | ? |
Case Totals by Final Outcome
| Outcome | Total |
|---|---|
| Exonerated | 7 |
| Sentence Reduced | 67 |
| Commuted | 10 |
| Intellectual disability | 12 |
| Ineffective assistance | 12 |
| Prosecutorial misconduct | 5 |
| Juvenile | 3 |
| Mentally incompetent | 2 |
| Jury instruction | 3 |
| Jury selection | 2 |
| Vacated under Ring v. Arizona | 1 |
| Other | 17 |
| Conviction Vacated, No New Death Sentence | 7 |
| Ineffective assistance | 1 |
| Juror misconduct | 1 |
| Inadequate interpreter | 1 |
| Other | 4 |
| Deceased | 45 |
| Executed | 34 |
| Died awaiting final case disposition | 11 |
| Awaiting Retrial or Resentencing | 7 |
| Still Under Active Death Sentence | 99 |
| Total Known Cases | 232 |
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