Stay Extradition of Fugitives by Petition for Writ of Habeas Corpus
A defendant may challenge a finding of extraditability by filing for a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The filing does not automatically stay further proceedings. However, the government may go forward with extradition if the proceedings are not stayed by the court order. Whatever the district court decides on such petition may be later appealed. Some defendants have argued that the government is restricted Fed. R. App. P. 23(a) which effects the surrender of a fugitive whose appeal for habeas relief is pending. However, the government has successfully rebutted in every instance that RUle 23(a) does not apply to appeals in extradition cases.
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