§4114 Return of Transferred Offenders

Summary

If a U.S. court finally decides that a person was sent to the United States in the wrong way and orders them released, that person can be sent back to the country that gave the sentence if that country asks for their return. The Attorney General must tell the proper authority in the sentencing country about the final U.S. decision within 10 days. The notice must say how long the sentencing country has to ask for the return, and that time cannot be more than 30 days. If the sentencing country asks for the person back, the Attorney General may file a sworn complaint in a U.S. court where the person is found. The complaint must say that the person was convicted and sentenced in the other country, was transferred to the U.S., was ordered released because the transfer was improper, and that the other country wants the person returned. The complaint must be filed within 60 days of the final release decision. A judge can issue a summons or warrant, and if the judge agrees the facts are true, the person goes into the Attorney General’s custody until surrender. The judge’s records are sent to the Secretary of State so a Return Warrant can be issued when the other country requests it. The returned person will be under the receiving country’s control for all purposes. They must get credit for time spent in U.S. custody. Specific sections of law (18 U.S.C. 3186, 3188–3191, and 3195) apply, but this return is not treated as an extradition. The person can be admitted to bail or released on their own recognizance at any time during the process.