Deportations, Expulsions, or other Extraordinary Renditions
If the fugitive is located in a country of which he or she is not a national, the OIA can request that the country deport the fugitive. The U.S. may also abduct the fugitive from the country in some cases, but such operations must be conducted under OIA supervision and with approval from the Department of Justice because they can lead to foreign affairs and legal complications.
Extradition from a Third Country
If a fugitive leaves a country that denied an extradition request, the fugitive may be extradited from their new location under certain circumstances. However, luring a fugitive into another country in order to extradite them can cause diplomatic complications, so the OIA must be involved in any such operation. Note that some countries will not extradite a fugitive who has been lured into their territory.
Lures
Lures can sometimes be used to incite a fugitive to enter the U.S., International territory, or a third foreign country so that they can be extradited. As previously noted, such operations can be complex and the OIA must be involved in any attempt to do so.
Interpol Red Notices
An Interpol Red Notice is similar to an international arrest warrant. Interpol Red Notices are often issued if the fugitives’ location is unknown. If such a notice is used, the prosecutor in charge of the case must prepare all of the documents required within the prescribed time limit.
Revocation of United States Passports
An outstanding Federal warrant can result in the revocation of passports and, therefore, of lawful residence status. If the fugitive is wanted on a State warrant, the prosecutor must obtain a UFAP (Unlawful Flight to Avoid Prosecution) warrant, as the Department of State can only revoke passport of Federal charge fugitives.
Foreign Prosecution
In some cases, a fugitive who cannot be extradited due to being a national of the country in which they are located can be prosecuted for the crime in question in the foreign country. The process is complicated and expensive, and prosecutors should discuss this option with the OIA before proceeding.
Foreign Extradition Requests
Extradition requests to the U.S. from foreign countries operate similarly to those issued by the U.S. There are two types: formal request and provisional arrest requests. Both requests normally come through foreign embassies and are submitted to the Department of State, which, in turn, submits them to the OIA’s Criminal Division for review.
The following procedure applies to such requests:
- The OIA reviews the request and forwards it to the district
- The Assistant U.S. Attorney in the applicable jurisdiction obtains an arrest warrant, and the fugitive is arrested and brought before a magistrate or district judge. Bond is normally not granted.
- The fugitive is granted a hearing at which the court determines the fugitives’ extraditability (in some cases, the fugitive may waive the hearing). Extraditable fugitives are then issued orders of extraditability, and the Secretary of State decides whether to surrender the fugitive.
- If the Secretary of State decides to surrender the fugitive, the OIA informs the foreign government and arranges for the transfer to take place. The fugitive may petition for the writ of habeas corpus (unlawful detention), in which case the court will determine the appropriate course of action. Note that the Secretary of State’s decision is not appealable.
See the Criminal Resources Manual at 612 for more information.
Plea Agreements and Related Matters – Prohibition
Some plea deals include ‘no extradition’ clauses, which can lead to complications if an extradition is requested by a foreign county. If such a situation arises, prosecutors may request permission to delay or prevent an extradition by contacting the Assistant Attorney General, Criminal Division. The OIA should also be informed of such situations.