622

Petition for Writ of Habeas Corpus

The fugitive may challenge the finding of extraditability by means of a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The filing of the petition does not automatically stay further proceedings, and in certain cases the government may go forward with the extradition if the proceedings are not stayed by the order of the court. Notify the Office of International Affairs (OIA) immediately if a petition is filed. The district court's decision on the petition is subject to appeal. Some fugitives have claimed that the government is barred by Fed. R. App. P. 23(a) from effecting the surrender of a fugitive whose appeal from the denial of his petition for habeas relief is pending. The Department has successfully argued in all instances thus far that Rule 23(a) does not apply to appeals in extradition cases. Notify OIA if a Rule 23 claim is made in your case. [cited in Criminal Resource Manual 620]