Extradition Treaty Law and Procedure – Part 5

Judicial Review of Determination in Extradition Hearings

Generally, neither party to an extradition proceeding may appeal the determination of the judge or magistrate. If commitment results, limited review is available through a writ of habeas corpus proceeding in the United States district court. To be effective, the application for writ of habeas corpus should be filed prior to the Secretary of State taking final action. No action will be taken by the Secretary until after decision on the application.

As with any application for writ of habeas corpus, a denial of such may be appealed to the appropriate court of appeals. If further denied, review may be sought by writ of certiorari to the U.S. Supreme Court. Because the evidentiary hearing does not determine guilt or innocence, the doctrine of double jeopardy fails to attach. Seemingly, the United States government could continue to pursue (in good faith) extradition until a sufficient showing of probable cause is made.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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