The First Chamber of the Court of Appeals of Guatemala has rejected a challenge presented by, Luis Enrique  Martinelli Linares  son of the former president Ricardo Martinelli , against the judges who must decide his extradition to the United States.

"This court considers that the arguments of the challenger do not fit within the causes invoked since at no time is it evidence that the actions of the judges within the extradition proceedings cast doubt on their impartiality and that they have expressed an opinion on the matter" , argued the court.

Luis Enrique and his brother Ricardo Alberto Martinelli Linares were arrested on July 6 the La Aurora airport, in the Guatemalan capital, when they tried to board a private plane bound for Panama. Since then, they have been detained in the Mariscal Zavala military prison, until their eventual extradition to the United States is defined, where they face charges of money laundering and conspiracy to launder, in a New York court.

Although both brothers must respond to the same accusation (which remains sealed, by order of a judge), the extradition process of Ricardo Alberto is settled in the Third Court of Criminal Sentencing, Drug Trafficking and Crimes against the Environment, and that of Luis Enrique, in the Fifth Court.

Both have challenged the respective judges of the Third and Fifth courts. Both appeals have been denied by the appeal chambers.

Denis Cuesy, a lawyer for the Martinelli Linares, has repeatedly asked for the release of his clients, arguing that they are alternate deputies of Parlacen, although they were never sworn into office and have never served as such.