§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 treaty tells where legal fights about their convictions, sentences, or transfers must be filed. The country that convicted the person is the only place that can hear attacks on that conviction or sentence. If someone was sent from the U.S. to another country, any challenge to the conviction or sentence must be filed in the same court that would have had authority if the person had stayed in the U.S. If someone was sent to the U.S. and wants to challenge how the U.S. is carrying out the foreign sentence, they must go to the U.S. district court where they are held or supervised and name the Attorney General and the official in charge as defendants; the Attorney General must defend. Challenges to the lawfulness of a transfer from the U.S. must be filed in the district where the consent decision was made and must name the Attorney General. Challenges to a transfer to the U.S. must be filed in the district where the person is held or supervised and must name the Attorney General and the official in charge; the Attorney General must defend.