Persons working with a prosecutor may attempt to include an “extradition clause” in their arguments. These formal or informal agreements can take effect by the courts. When a foreign country then requests the person`s extradition, the United States faces the unpleasant dilemma of violating its solemn word to either the person concerned or its contractual partner. Geisser`s petition, 627 F.2d 745 (5th cir. 1980), describes the enormous practical problems encountered in resolving such a dilemma. These include agreements with potential witnesses to prevent or delay their removal. If the fugitive is not extradited, other measures may be taken to return him to the United States or to limit his ability to live and travel abroad. See JM 9-15.600 and seq. Prosecutors should be aware that while there are few practical extradition defences, appeals and delays are common. Fugitives may be able to challenge delivery due to minor inconsistencies due to clerical or typographical errors. While these so-called shortcomings may be addressed, this process takes time.
So pay attention to the details when creating documents. If the person whose extradition is requested is convicted or served against the territory of the State required for a decision other than that for which the extradition was requested, his surrender may be deferred until the end of the proceedings and for the full execution of a sentence that could or could have been imposed on him. United States vs. Lomeli, 596 F.3d 496, 501-503 (8th Cir 2010); Garrido-Santana, 360 F.3d to 577-78; United States vs. Lazsarevitch, 147 F.3d 1061, 1064-65 (9. Cir. 1998) (also with the note that the teaching of the specialty “exists only to the extent that the country gives” and that there was no evidence of the requirement to apply the doctrine); But see U.S. v. Suarez, 791 F.3d 363, 366 (2d Cir.
2015) (citation Usa v. Cuevas, 496 F.3d 256, 262 (2d Cir. 2007)) (“Although the specialty rule is generally applied in cases where the accused is tried for an offence not listed in the applicable treaty or extradition agreement, it also has “application in the criminal context.” Given that “the boiler of circumstances in which extradition agreements are emerging, U.S. foreign relations … “Prosecutors seeking the extradition of a foreign person to be tried, convicted or sentenced in the United States should contact the Office of International Affairs of the Criminal Division at (202) 514-0000.
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