§3264 Limitation on removal

Summary

People arrested or charged under section 3261(a) normally must not be moved to the United States or to any other country except the country where they are believed to have broken section 3261(a). That rule does not apply to someone already handed over under section 3263. There are five exceptions. A federal magistrate judge can order someone sent to the United States for a detention hearing under section 3142(f). A judge can order pretrial detention under section 3142(e), and then the person must be quickly moved to the United States. If the person is entitled to a preliminary examination under the Federal Rules and does not waive it, they must be brought to the United States in time for that exam. A magistrate judge can also order removal for other reasons. Finally, the Secretary of Defense can waive the rule for military necessity and send the person to the nearest U.S. military base abroad that can hold them and allow the initial appearance under section 3265(a).