When the FBI Seeks Extradition…®

EXTRADITION TREATY LAW AND PROCEDURE


Release from Custody Pending Extradition Determination

While individuals apprehended for extradition have no statutory right to bail, the U.S. Supreme Court has been unwilling to hold that Circuit Courts possess no power to grant bail. It is recognized that where the individual detained for extradition is able to demonstrate the existence of "special circumstances", lower courts have the inherent power to grant bail.