Extradition Procedures and Processes
1. Request to the US State Department: An official request for extradition is made to the US State Department by the foreign government. Usually, this request consists of:
- Specifics of the wanted individual.
- Accused transgressions.
- Supporting records, such as evidence, charge paperwork, and arrest warrants.
2. Review by the State Department: The State Department reviews the request to ensure it complies with the relevant extradition treaty and US law.
3. Arrest Warrant and Detention: The State Department sends the request to the Department of Justice (DOJ) if it satisfies the conditions. The DOJ may ask for the fugitive to be placed under arrest in the US.
4. Habeas Corpus Hearing: A federal court may grant the fugitive a habeas corpus hearing. This hearing establishes if the extradition satisfies legal standards and safeguards the rights of the runaway.
5. Secretary of State’s Decision: After the court renders its judgment, the Secretary of State takes into account all relevant information, including the court’s conclusions and any humanitarian issues, before deciding whether to extradite a person.
6. Governor’s Warrant: The governor of the state where the fugitive is being held receives a surrender warrant from the Secretary of State if authorization is granted. After that, the governor issues a warrant approving the fugitive’s transfer to the nation making the request.
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