18 U.S.C. § 3264 : US Code - Section 3264: Limitation on removal

Search 18 U.S.C. § 3264 : US Code - Section 3264: Limitation on removal

(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).