Extradition law in the United States
§ 3182 requires: In Kentucky v. Dennison,[2] decided in 1860, the Supreme Court held that, although the governor of the asylum state had a constitutional duty to return a fugitive to the demanding state, the federal courts had no authority to enforce this duty.
§ 3182), and that a federal court may enforce the governor's duty to return the fugitive to the demanding state.
[7][8] Intrastate extradition may be necessary if a fugitive is arrested by a local police force (such as for a county, city, or college) in the same state or territory as the offense was allegedly committed.
[14] The Department of State reviews foreign extradition demands to identify any potential foreign policy problems and to ensure that there is a treaty in force between the United States and the country making the request, that the crime or crimes are extraditable offenses, and that the supporting documents are properly certified in accordance with 18 U.S.C.
[14] If the request is in proper order, an attorney in the State Department's Office of the Legal Adviser prepares a certificate attesting to the existence of the treaty, that the crime or crimes are extraditable offenses, and that the supporting documents are properly certified in accordance with 18 U.S.C.
§ 3190, and forwards it with the original request to the Justice Department's Office of International Affairs (OIA).
[15] OIA notifies the foreign government and arranges for the transfer of the fugitive to the agents appointed by the requesting country to receive him or her.
[16] To benefit from habeas corpus, the affected person, or someone on his behalf, must file a petition for relief before a court with jurisdiction.
When the habeas petition contests the decision of an extradition magistrate, the individual must argue that his detention and surrender to a foreign country violates the United States Constitution, the applicable extradition treaty, or a federal statute.
[17] Because orders of extradition cannot be appealed,[18] the only means for an individual to have them reviewed is to file a request for a writ of habeas corpus.
[19] Habeas corpus review by a district court is generally available whenever an individual "is in custody in violation of the Constitution or laws or treaties of the United States",[20] and is provided for several different types of detention in addition to extradition, such as detention after a criminal conviction, and for military purposes.
As part of its habeas review, the court will normally accept the factual findings of the extradition magistrate,[21] while legal issues are considered anew.
[23] It is settled to cover at least inquiries on whether: Many courts, however, have adopted an "expanded" scope of habeas review that additionally considers issues about the violation of constitutional rights.
[citation needed] It is unlawful for U.S. citizens to enter or exit the United States without a valid U.S. passport or Western Hemisphere Travel Initiative–compliant passport-replacement document, or without an exception or waiver.
