18 U.S.C. § 3264
Section 3264 · Limitation on removal
Amended 1 time on record
Applied in 3 court decisions — leading case Rodriguez v. Smith (2008)
Most recently applied in Tobey v. United States (June 2011)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Except as provided in subsection (b), and except for a person delivered to authorities of a foreign country under section 3263, a person arrested for or charged with a violation of section 3261(a) shall not be removed—
(1) to the United States; or
(2) to any foreign country other than a country in which such person is believed to have violated section 3261(a).
(b) The limitation in subsection (a) does not apply if—
(1) 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);
(2) 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;
(3) 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;
(4) a Federal magistrate judge otherwise orders the person to be removed to the United States; or
(5) 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).
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (b)(3), are set out in the Appendix to this title.