Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 3264: Limitation on removal

Civil

What this law says, in plain English

This statute establishes procedural rules for when a person must be removed to the United States for detention hearings, preliminary examinations, or initial appearances, or when the Secretary of Defense may waive these limitations for military necessity.

Read the full statutory text

to the United States; or to any foreign country other than a country in which such person is believed to have violated section 3261(a). a Federal magistrate judge orders the person to be removed to the United States to be present at a detention hearing held pursuant to section 3142(f); a Federal magistrate judge orders the detention of the person before trial pursuant to section 3142(e), in which case the person shall be promptly removed to the United States for purposes of such detention; the person is entitled to, and does not waive, a preliminary examination under the Federal Rules of Criminal Procedure, in which case the person shall be removed to the United States in time for such examination; a Federal magistrate judge otherwise orders the person to be removed to the United States; or the Secretary of Defense determines that military necessity requires that the limitations in subsection (a) be waived, in which case the person shall be removed to the nearest United States military installation outside the United States adequate to detain the person and to facilitate the initial appearance described in section 3265(a).

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