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International shipping to the United States

by Uneeb Khan

What is the process for extradition requests from other countries?

When local authorities search for a person wanted in the United States, the government is obligated under the Speedy Trial Act to try to locate and extradite the suspect as quickly as possible. Prosecutors located the suspect and contacted the Office of International Affairs (OIA).

The role of the International Bureau is to provide information and advice to federal and state prosecutors regarding the processing of foreign extradition requests. Once the extradition request is received and reviewed by the OIA, it is forwarded to the US Department of Transportation. עורך דין משרד הביטחון Local US law enforcement agencies do not have the authority to communicate directly with foreign officials.

The State Department sends extradition documents to the US Embassy. In another country. The embassy then submitted a statement to the Ministry of Foreign Affairs. Applications and related documents are sent to foreign local courts to verify compliance with contractual requirements and local laws.

Who can make transfers?

There is no universal formula for deciding which cases to transfer. However, the following factors may be important in determining the likelihood that prosecutors will seek extradition.

• The fugitive’s current location

• Availability of extradition agreement

• The refugee’s citizenship. In the case of dual citizenship, many countries do not extradite their citizens

• Crimes are tried

• If the wanted person has been charged, convicted or wanted only on the basis of an arrest warrant.

• If the matter goes to court. This means the government can present all the witnesses and evidence necessary to obtain a conviction, and the nature of the case justifies the high cost of completing the extradition.

A fugitive cannot be extradited for any reason unless he is a citizen or legal resident of the country in which he lives, and the State Department can request his removal or deportation.

In addition, a 2022 Supreme Court decision allowed US courts to try criminal defendants abducted by US agents from abroad.

What costs can be reduced after issuance?

Normally, a prisoner can only be prosecuted for certain crimes for which extradition has been granted. If an extradited fugitive is charged with a crime for which a foreign country does not approve extradition, the defense may close the case or appeal the decision based on special rules.

Application for the extradition of a foreigner

Requests by foreign authorities to extradite fugitives from the United States follow a similar process. An official request for extradition is submitted by the embassy of the requesting country to the Ministry of Foreign Affairs, which forwards it to the Bureau of International Criminal Affairs. If the request is valid, the OIA forwards it to the local federal prosecutor’s office.

If you are arrested abroad on an extradition request, the government will challenge the bond because of the high risk of flight. A federal district judge or magistrate pursuant to 18 U.S.C. 3184 to determine whether the wanted person can be extradited. If the court decides that the wanted person can be extradited, it will issue an extradition order and certify the document to the ייצוג מול אגף השיקום, who will decide whether the wanted person will be handed over to the requesting government.

The order cannot be appealed at this stage after the issuance process. Once the order is granted, the defendant is limited to a writ of habeas corpus. Because district court orders can be appealed and extradition can be delayed by court order, this is the only way to proceed with extradition.

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