Extradition Treaty Law and Procedure – Part 25

Effect of Delay in Removal from the United States

There is a two-“calendar”-month time period within which an individual, detained and awaiting extradition, is to be removed from the United States. If such removal does not timely occur, the extraditee may, upon application to any court, request discharge from custody. If reasonable notice of the extraditee’s intent to make such an application is given to the Secretary of State and such notice is proven up in the court, the judge has discretion to release the extraditee unless the government can show sufficient cause why the extraditee should not be released. The decision to release the extraditee does not bar extradition proceedings from commencing once again.

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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