[20190613]LSB10308_引渡美国公民.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Extradition of U.S. Citizens June 13, 2019 Introduction The United States Court of Appeals for the Ninth Circuit (Ninth Circuit) recently refused to bar the extradition to the Czech Republic of a U.S. citizen, Ivo Knotek, who challenged his extradition on constitutional grounds. The federal international extradition process has several unusual aspects, but the Ninth Circuit case is somewhat unique even among extradition cases. In addition to other uncommon features, it explores the circumstances under which the United States will extradite one of its own citizens. International extradition is essentially a diplomatic process in which the courts play a limited but often critical role. CRS Rep. Extradition of an individual found in this country is largely a matter of treaty. The Department of Justice initiates extradition hearings at the request of the Secretary of State and on behalf of the foreign government. The federal magistrate who conducts the extradition hearing certifies that an individual is extraditable if the magistrate determines that an applicable extradition treaty exists; t