18 U.S.C. § 3508 — Custody and return of foreign witnesses

FEDERAL · 18 U.S.C. · Chapter 223

Custody and return of foreign witnesses

18 U.S.C. § 3508

Chapter223 — WITNESSES AND EVIDENCE

This text of 18 U.S.C. § 3508 (Custody and return of foreign witnesses) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

18 U.S.C. § 3508.

Text

(a)When the testimony of a person who is serving a sentence, is in pretrial detention, or is otherwise being held in custody, in a foreign country, is needed in a State or Federal criminal proceeding, the Attorney General shall, when he deems it appropriate in the exercise of his discretion, have the authority to request the temporary transfer of that person to the United States for the purposes of giving such testimony, to transport such person to the United States in custody, to maintain the custody of such person while he is in the United States, and to return such person to the foreign country.

(b)Where the transfer to the United States of a person in custody for the purposes of giving testimony is provided for by treaty or convention, by this section, or both, that person shall be r

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(a) When the testimony of a person who is serving a sentence, is in pretrial detention, or is otherwise being held in custody, in a foreign country, is needed in a State or Federal criminal proceeding, the Attorney General shall, when he deems it appropriate in the exercise of his discretion, have the authority to request the temporary transfer of that person to the United States for the purposes of giving such testimony, to transport such person to the United States in custody, to maintain the custody of such person while he is in the United States, and to return such person to the foreign country.
(b) Where the transfer to the United States of a person in custody for the purposes of giving testimony is provided for by treaty or convention, by this section, or both, that person shall be returned to the foreign country from which he is transferred. In no event shall the return of such person require any request for extradition or extradition proceedings, or proceedings under the immigration laws.
(c) Where there is a treaty or convention between the United States and the foreign country in which the witness is being held in custody which provides for the transfer, custody and return of such witnesses, the terms and conditions of that treaty shall apply. Where there is no such treaty or convention, the Attorney General may exercise the authority described in paragraph (a) if both the foreign country and the witness give their consent.

96 Cal. Daily Op. Serv. 2570, 96 Daily Journal D.A.R. 4282 Wang Zong Xiao v. Janet Reno, in Her Capacity as Attorney General of the United States Michael J. Yamaguchi, in His Capacity as United States Attorney for the Northern District of California Reginald L. Boyd, in His Capacity as United States Marshal for the Northern District of California Doris Meissner, in Her Capacity as Commissioner of the Immigration and Naturalization Service, and David Ilchert, in His Capacity as District Director for the Immigration and Naturalization Service

81 F.3d 808 (Ninth Circuit, 1996)

Source Credit

History

(Added Pub. L. 100–690, title VI, §6484(a), Nov. 18, 1988, 102 Stat. 4384.)

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Bluebook (online)

18 U.S.C. § 3508, Counsel Stack Legal Research, https://law.counselstack.com/usc/18/3508.

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