§3264 Limitation on Removal

Summary

People arrested for or charged under section 3261(a) must not be moved to the United States or to any foreign country other than the country where they are believed to have committed the offense. This does not apply to someone already handed over to a foreign country under section 3263. There are five exceptions. A federal magistrate judge can order removal for a detention hearing under section 3142(f), for pretrial detention under section 3142(e) (prompt removal), or if the person is entitled to and does not waive a preliminary examination under the Federal Rules of Criminal Procedure. A judge can also order removal for other reasons. The Secretary of Defense can waive the rule for military necessity and send the person to the nearest United States military installation outside the United States that can detain them and handle the initial appearance under section 3265(a).