§3244 Jurisdiction of Proceedings Relating to Transferred Offenders

Summary

When the United States and another country have a treaty to transfer people convicted of crimes, the law decides which courts can hear different kinds of challenges. If the person was convicted in the other country, only that country's courts can hear attacks on that conviction or sentence. If a person was sent from the United States to a foreign country, any challenge to the conviction or sentence must be filed in the court that would have handled the case if the person had not been sent. If a person was sent to the United States, any challenge about how the U.S. is carrying out the foreign sentence must be filed in the U.S. district court where the person is jailed or supervised, and the Attorney General and the jailer or supervisor must be named as respondents; the Attorney General must defend. Challenges to the lawfulness of a transfer from the United States must be filed in the U.S. district court where the consent proceedings took place and must name the Attorney General. Challenges to the lawfulness of a transfer to the United States must be filed in the U.S. district court where the person is jailed or supervised and must name the Attorney General and the jailer or supervisor; the Attorney General must defend.