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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.

 

 

 

The National Trial Lawyers
Angel Antonio Castro IIIReviewsout of 3 reviews

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Managing Attorney

Angel A. Castro, III, Esq.

300 East 95th Street

Suite 172
New York, NY

10128

 

 

Phone: (347) 762-6334
Fax: (212) 731-0217

 

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Serving in the Federal District Courts, Second Circuit Court of Appeals, New York Supreme Courts in Manhattan, the Bronx, Brooklyn, Queens, Nassau, Westchester, Broome and Onondaga Counties, as well as the Appellate Division First, Second, Third, & Fourth Departments for Complex Litigation, Appeals, & Negotiation.

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This website contains general info. about AA Castro C.L.A.N, PLLC and is not intended to serve as a source of legal advice.

 

Neither receipt of information presented on this site nor any email or other electronic communication sent to Castro CLAN PLLC or its lawyers through this site will create an attorney-client relationship, and no such email or communication will be treated as confidential. No user of this site should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Castro CLAN PLLC expressly disclaims liability with respect to actions taken or not taken based on the contents of this site.

 

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