18-U.S.C.-3264
§3264 – Limitation On Removal
Pathway
Title 18 > Part II > Chapter 212 > Section 3264
Details
- Reference: Section 3264
- Legend: §3264 – Limitation On Removal
- USCode Year: 2013
Provision Content
(a) Except as provided in subsection (b), and except for a person delivered to authorities of a foreign country under section 3263, a person arrested for or charged with a violation of section 3261(a) shall not be removed—
(1) to the United States; or
(2) to any foreign country other than a country in which such person is believed to have violated section 3261(a).
(b) The limitation in subsection (a) does not apply if—
(1) a Federal magistrate judge orders the person to be removed to the United States to be present at a detention hearing held pursuant to section 3142(f);
(2) a Federal magistrate judge orders the detention of the person before trial pursuant to section 3142(e), in which case the person shall be promptly removed to the United States for purposes of such detention;
(3) the person is entitled to, and does not waive, a preliminary examination under the Federal Rules of Criminal Procedure, in which case the person shall be removed to the United States in time for such examination;
(4) a Federal magistrate judge otherwise orders the person to be removed to the United States; or
(5) the Secretary of Defense determines that military necessity requires that the limitations in subsection (a) be waived, in which case the person shall be removed to the nearest United States military installation outside the United States adequate to detain the person and to facilitate the initial appearance described in section 3265(a).
(Added Pub. L. 106–523, §2(a), Nov. 22, 2000, 114 Stat. 2489.)
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (b)(3), are set out in the Appendix to this title.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-3242 in the Legal Encyclopedia: Criminal Procedure
In this entry about 18-U.S.C.-3242, find legal reference material, bibliographies and premiere content related to criminal procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal procedure-specific issues, written by authorities in the field.
Leave a Reply