“But if he was to support the death penalty in these cases or uphold such penalty it is very likely that the countries from which they came would demand their release from US jails and their extradition”
You might be making a good point; however, if an illegal alien commits a crime in the United States and is apprehended for that crime within the United States, does his native country have a legal right to demand his extradition based on the death penalty? I know that it’s difficult — if not impossible — for the United States to extradict someone from a foreign country to face charges in our country if the death penalty is at issue, but I’m not sure the situation works in reverse (i.e., a country demanding the extradition of its citizen who already is in physical custody and facing charges within the United States).
Let them extradite their corpses.
I think it has happened before in the case of Mexican nationals. I could be mistaken and if I am I see no reason for Holder’s decision.