who is the lawyer in bethesda who works on international prisoner transfer cases

Who is in charge of the US prisoner transfer program?

While all prisoner transfer treaties are negotiated principally by the U.S. Department of State, the program itself is administered by the U.S. Department of Justice (DOJ). The transfer decision is a discretionary one based on the satisfaction of statutory and treaty requirements and is informed by internal...

Who represents the prisoner at the transfer hearing?

A Federal Public Defender represents the prisoner at the hearing. The CVH is required for all transferring prisoners whether they are foreign nationals transferring from the United States back to their home countries or Americans transferring from a foreign country back to the United States.

Why does the International Prisoner Transfer Program require the cooperation of prosecutors?

This policy is necessary to avoid unnecessary delays in processing transfer applications. For the International Prisoner Transfer Program to achieve its objectives and to function efficiently, it must have the cooperation and active participation of federal prosecutors.

How do I transfer a prisoner to another country?

A prisoner's country may also make a request for the transfer. Once Bureau of Prisons (BOP) receives the transfer request, prison staff will prepare an application package, which, after Central Office review, is forwarded to the IPTU for consideration.

Can prisoners be transferred to another country?

Prisoners may be transferred to or from countries with which the United States has a treaty to serve their sentence closer to home and facilitate their reentry. The Treaty Transfer Program is the implementation of Public Law 95-144 (18 USC 4100 et seq.)

Can prisoners request a transfer?

Prisoners can request a transfer through the request/complaints system, or on a special form provided by the prison for requesting transfers. Transfers will normally only be considered after the prisoner has served a few months at the prison they wish to leave.

What is a prisoner exchange program?

A prisoner exchange or prisoner swap is a deal between opposing sides in a conflict to release prisoners: prisoners of war, spies, hostages, etc. Sometimes, dead bodies are involved in an exchange.

Where does the US keep foreign prisoners?

The United States also has prisoner transfer agreements with the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau....COUNTRIES WITH WHICH PRISONERS TRANSFER TREATIES ARE IN EFFECT.AlbaniaGreecePalauBoliviaJapanSerbiaBosnia and HerzegovinaKazakhstanSlovakia26 more rows•Nov 8, 2021

Which prisons are Category A?

Generally speaking, category A prisons are reserved for inmates who have been determined a threat to the public, the police or national security. These prisons are designed to make escape impossible for the prisoners, and are commonly described as 'high security' or 'maximum security' establishments.

How do I write a hardship letter to an inmate?

It should include the doctor's name and be on the doctor's letterhead. You also need to show that your loved one is more than 200 miles away. Only immediate family can make a hardship transfer request....Some good things to include:Medical issue.Relationship.Proof of issue.Current distance to prison.Closer prison option.

Can a prisoner refuse a transfer?

Transfers are not automatically granted and can be refused. If it is refused the prisoner can appeal through the requests/complaints system and is entitled to a response from the Prison Service Headquarters within 6 weeks.

How are federal inmates transferred?

Most federal inmates will experience a BOP prison transfer from one institution to another. This could be by prison bus, airplane, or other means. With more than 200 institutions, the Federal Bureau of Prisons processes tens of thousands of inmate movements every year.

What are foreign national prisoners?

2.4 A foreign national prisoner is anyone remanded or convicted on criminal charges who does not have an absolute legal right to remain in this country. Even if deportation is not mentioned in court at sentencing, the case of any foreign national prisoner is referred to Home Office Immigration Enforcement (HOIE).

How many prisoners are still in Guantanamo Bay?

As of April 2, 2022, 37 detainees remain at Guantanamo Bay. This list of Guantánamo prisoners has the known identities of prisoners at the Guantanamo Bay detention camp in Cuba, but is compiled from various sources and is incomplete.

Why did Lincoln stop prisoner of war exchanges?

Earlier prisoner exchanges The Lincoln administration wanted to avoid any action that might appear as an official recognition of the Confederate government in Richmond, including the formal transfer of military captives.

How many British people are in US prisons?

Today there are more than 250 British citizens in US prisons, the majority of whom are at risk of deportation. They are UK citizens through birth but have spent the majority, if not all, of their lives in the States as legal foreign nationals.

Who administers the prisoner transfer program?

Congress conferred the power to administer the International Prisoner Transfer Program on the Attorney General. See 18 U.S.C. § 4102. The Attorney General delegated the authority to the Assistant Attorney General of the Criminal Division, who—by a memo issued on September 4, 2018— delegated the authority to the Office of International Affairs (OIA). Within OIA, the Director, Deputy Directors, and the Associate Director of the International Prisoner Transfer Unit, have the authority to make the final transfer decision. See 28 C.F.R. § 0.64-2. The International Prisoner Transfer Unit (IPTU), a component of OIA, serves as the central authority for the daily administration of the transfer program. For more information about how the Department processes transfer requests, please contact the International Prisoner Transfer Unit.

Who signed the memo on the International Prisoner Transfer Program?

In September 2018, AAG Benczkowski signed a memo to all USAOs and DOJ Litigating Components discussing the International Prisoner Transfer Program and the role of the Department prosecutors in the program.

What does IPTU do when a federal prisoner applies for transfer?

One of the initial steps that the IPTU analyst takes when a federal prisoner applies for transfer is to contact the USAO and the investigative agencies responsible for the prosecution of the case. The IPTU sends a form to the USAO and the investigative agencies seeking its views on the transfer.

What is transfer decision?

The transfer decision is a discretionary judgment made by the sentencing country and the receiving country. A prisoner does not have a “right” to transfer nor can the sentencing country or receiving country force the prisoner to transfer. Each transfer application submitted to the Department presents a unique set of facts that must be evaluated on its individual merits. To assist it in evaluating the hundreds of transfer applications that it receives each year and to ensure consistency in decision-making, the Department has formulated guidelines that reflect the Department’s views concerning the various factors affecting the transfer decision. These guidelines [ https://www.justice.gov/criminal-oia/guidelines-evaluation-transfer-requests-submitted-foreign-nationals] focus on three areas: the likelihood of social rehabilitation of the prisoner; important law enforcement interests and concerns that are implicated by the transfer; and the presence of any compelling humanitarian concerns.

What is the USAO's role in obtaining habeas corpus?

For federal prisoners, the USAO will be asked to assist in obtaining writs of habeas corpus or orders to produce pursuant to 18 U.S.C. §3621 (d) in order to move the prisoner from prison to the consent hearing. Fifth, prisoners may raise issues implicating the transfer program in litigation.

What happens if a defendant is eligible for transfer?

If the defendant is eligible and applies to transfer his sentence pursuant to the international prisoner transfer program, the [name of prosecuting office] agrees [to support, to not take a position, or to not oppose] the defendant’s transfer application.

What are the requirements for transfer of prisoners?

As set forth in these authorities, the basic eligibility requirements for transfer are: the prisoner must be a national or citizen of the country to which he/she wishes to transfer; a transfer treaty relationship must exist between the United States and the prisoner’s country ;

What happens if DOJ approves a prison transfer?

If DOJ approves the transfer, it will send an approval package to the foreign government. Should the foreign government approve the transfer, a consent verification hearing will be held as with federal prisoners. Thereafter, the foreign government will make arrangements with BOP to retrieve the prisoner.

When did the International Prisoner Transfer Program start?

How The Program Works. The International Prisoner Transfer Program began in 1977 after Congress passed enabling legislation (18 U.S.C. §§4100-4115) and the Federal Government negotiated the first in a series of treaties to permit the transfer of prisoners from countries in which they had been convicted and sentenced of crimes to their home ...

What happens after a prisoner is transferred?

After transfer, the home or receiving country assumes responsibility for administering the transferred sentence. In addition to foreign national prisoners in federal custody and Americans sentenced abroad, foreign national prisoners in state custody are also eligible to participate in the program.

Who has the power to administer the transfer program?

Congress conferred the power to administer the transfer program on the U.S. Attorney General. The Attorney General has delegated this authority to the Criminal Division and to its Office of International Affairs (OIA).

Can a state prisoner be transferred to his home country?

In order for a state prisoner to obtain a transfer to his home country, his application must be approved at both the state and federal levels. If the state denies the transfer request, it cannot be reviewed by DOJ. When the state approves the transfer, it forwards application materials to DOJ for consideration.

What determines if an inmate is eligible for a treaty transfer?

Several factors will determine whether or not an inmate is eligible, examples include: The inmate must be a citizen or national of a foreign country having a treaty relationship with the United States.

When are inmates notified of the Treaty Transfer Program?

All inmates are initially notified of the Treaty Transfer Program when they first enter federal prison, through the Admissions and Orientation Program. BOP policy on the transfer of offenders to or from foreign countries. Current list of participating treaty nations.

How long can an inmate reapply for a denial of a transfer?

Program Statement 5140.42 states that the inmate may re-apply two years from the date of the denial. However, the re-application process only applies to cases where the US denies the transfer. If the foreign country denies a transfer there is no need to resubmit a packet.

Can prisoners be transferred to another country?

Prisoners may be transferred to or from countries with which the United States has a treaty to serve their sentence closer to home and facilitate their reentry. The Treaty Transfer Program is the implementation of Public Law 95-144 (18 USC 4100 et seq.) which authorizes the Director of the Bureau of Prisons to transfer inmates to ...

Can a Mexican inmate be sentenced to death?

The inmate must not be committed for a military offense. The inmate must not be sentenced to the death penalty. The inmate must not be committed for a political offense. Mexican inmates who are serving a sentence exclusively for Immigration Law Violations are not eligible for treaty transfer consideration, unless the sentence is absorbed by ...

What is a prisoner transfer?

The prisoner transfer program is premised on the universal understanding that a prisoner has the best chance of being successfully rehabilitated and reintegrated into a society where a support system exists to assist the prisoner’s adjustment to life after incarceration.

Which treaties require a transfer of a sentence to be determinate?

Some bilateral treaties (Mexico, Canada, and Thailand) require that a transferred sentence be determinate. The Mexican treaty requires that the transferring sentence have a "specified duration or [that] such a duration has subsequently been fixed by the appropriate administrative authorities.".

What is the most likely factor in assessing the prisoner's potential for social rehabilitation?

Location of family and other social ties . The prisoner’s access to family members and other social ties is a critical factor in assessing the prisoner’s potential for social rehabilitation. Social rehabilitation is most likely to occur when the prisoner is near family who can visit him.

How does deportation affect transfer decision?

Recent deportations, exclusions, voluntary returns, or numerous illegal entries into the United States, may negatively impact the transfer decision because these factors may be probative of the strength of the prisoner’s connection with and desire to be in the United States.

What is a BOP transfer?

The first consists of foreign national prisoners who have been convicted and sentenced in federal courts and are serving their sentences in the custody of the Federal Bureau of Prisons ( BOP).

What is the second category of prisoners?

The second category consists of foreign national prisoners who have been convicted in a state court, and are serving their sentences in state prisons. In these cases, the sentencing state must first consent to the transfer before the Department can consider the application. Transfer cannot occur for state or federal prisoners unless the Department, ...

When a foreign national is in custody, must the prisoner first obtain the approval of the state authorities?

When a foreign national prisoner has been convicted of a criminal violation of a state law and is in state custody, the prisoner must first obtain the approval of the state authorities before he can be considered for transfer by the Federal Government.

What is the Office of International Affairs?

The Office of International Affairs (OIA) returns fugitives to face justice, transfers sentenced persons to serve their sentences in their home countries, and obtains essential evidence for criminal investigations and prosecutions worldwide by working with domestic partners and foreign counterparts to facilitate the cooperation necessary to enforce the law, advance public safety, and achieve justice.

What is OIA in law?

OIA is made up of a diverse group of experienced professionals, including many former federal and state prosecutors. OIA is organized into regional teams that cover geographical areas of the world, and specialized teams that handle issues and case work requiring subject-matter expertise.

What is the International Transfer of Prisoners Act 1997?

1 Short title. This Act may be cited as the International Transfer of Prisoners Act 1997. 2 Commencement. (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

How many warrants are there for a prisoner transfer to Australia?

30 Warrants for transfer to Australia. (1) A warrant for the transfer of a prisoner to Australia authorises the transfer of the prisoner from the transfer country to Australia to complete serving the sentence of imprisonment imposed by the transfer country in accordance with the terms agreed under this Act.

Can the Attorney General transfer a prisoner to Australia?

(1) The Attorney‑General may consent to a request for the transfer of a prisoner ( other than a Tribunal prisoner) serving a sentence of imprisonment in a transfer country to Australia to complete serving the sentence on terms agreed under this Act if the Attorney‑General is satisfied that, were the Attorney‑General to give that consent, the transfer could be made in compliance with section 10.

Can a prisoner be transferred to another country in Australia?

A prisoner serving a sentence of imprison ment in Australia, or the prisoner’s representative, may apply to the Attorney‑General, using a form approved in writing by the Attorney‑General, for transfer of the prisoner to a transfer country to complete serving the sentence on terms agreed in accordance with this Act.

Who can make arrangements with the Governor of a State?

(1) The Governor‑General may make arrangements with the Governor of a State, the Chief Minister of the ACT or the Administrator of a Territory with respect to the administration of this Act, including arrangements relating to the exercise by officers of the State or Territory of functions under this Act.

Can a sentence of imprisonment be enforced on transfer of a prisoner to Australia?

The Attorney‑General may direct that a sentence of imprisonment imposed on a prisoner by a court or tribunal of a transfer country, or on a Tribunal prisoner by a Tribunal, be enforced on transfer of the prisoner to Australia under this Act:

What is Prisoners Abroad?

support for families. Prisoners Abroad works with the FCDO to help British citizens held in prisons overseas. They will keep in touch with you and your family throughout your sentence, and can assist after your release if you are not transferred to a UK prison.

How to transfer a sentence?

To transfer, you must: 1 be a British citizen or have close family ties with the UK (normally through permanent residence in the UK) 2 not be awaiting trial 3 have exhausted all appeals against your conviction and/or the length of your sentence 4 have at least 6 months of your sentence left to serve when you apply for transfer 5 have no outstanding fines or other non-custodial penaltiess

How long does it take to transfer a sentence in the UK?

The length of time it takes to complete a transfer varies. In some countries, it can take more than 2 years.

How long can you serve in the UK for a transfer?

have at least 6 months of your sentence left to serve when you apply for transfer.

Can you be prosecuted in the UK?

Liability for prosecution. You cannot be re-prosecuted in the UK for the offence for which you are sentenced. You will, however, be liable to detention or prosecution in connection with any other alleged offence committed in the UK. If transfer takes place under an agreement which does not require your consent to transfer then you will normally be ...

Can you make representations against a transfer?

Although in these circumstances your consent to transfer is not required you must be given an opportunity to make representations against transfer. This can be given either orally or in writing depending on the law of the country in which you are held.

Do you have to disclose your criminal record in the UK?

Whether you return to the UK as a serving prisoner, or at the end of your sentence, you have a criminal record. The law requires that in certain circumstances you must disclose your previous criminal convictions. This includes convictions imposed abroad as well as those imposed in the UK. Failure to fully disclose your criminal convictions ...

How is the treatment of prisoners of war granted?

The treatment provided for prisoners of war can always be granted by the detaining power to detainees who do not meet the criteria and conditions set up by the Third Convention. It can also be partially applied by way of Special Agreement in situations that do not amount to an international armed conflict.

Who is considered a prisoner of war?

Under the new definition, prisoner-of-war status is no longer reserved exclusively for combatants who are members of the armed forces: it may also be granted to civilians who are members of resistance movements and to participants in popular uprisings.

What is the definition of prisoners of war?

Definition of Prisoners of War (Third 1949 Geneva Convention) The Third Geneva Convention defines the categories of persons who are entitled to prisoners of war status: Prisoners of war . . . are persons belonging to one of the following categories, who have fallen into the power of the enemy:

Which convention specifically regulates the treatment of prisoners of war?

The Third Geneva Convention of 1949 specifically regulates the treatment of prisoners of war, the definition of which is derived from the definition of combatant (GCI–III). Civilians who participate in the hostilities also benefit from guarantees of treatment in international and non-international armed conflicts (GCIV).

Where do prisoners of war have to be evacuated?

Prisoners of war must be evacuated, as soon as possible after their capture, to camps situated away from the combat zones. Such evacuation must be carried out humanely and in conditions similar to those for the forces of the detaining power in their changes of station.

Can a combatant be deprived of prisoner of war status?

Where combatants have violated humanitarian law—including perpetration of terrorist acts—they may not be deprived of prisoner-of-war status but may be prosecuted for crimes committed according to the rule of law and judicial guarantees recognized by humanitarian law.

Can a civilian be a prisoner of war?

Therefore, both combatants and civilians directly taking part in a conflict may claim prisoner-of-war status and the protection attached to it. A person who takes part in hostilities and falls into the power of an adverse party shall be presumed to be a prisoner of war.

Foreign Nationals in Federal Custody

• Although either the prisoner or the prisoner’s country can initiate the transfer process, most applications begin with the prisoner. A federal prisoner who wishes to apply for transfer to a prison in his home country should contact his case manager at the Federal Bureau of Prisons (BOP) facility where he has been designated to serve his sentence an...

See more on justice.gov

Foreign Nationals in State Custody

American Nationals in Foreign Custody

I - Introduction

See more on bop.gov

II - Statutory and Treaty Requirements For Transfer

III - Processing of Foreign National Prisoners in Federal Custody

IV - Foreign National Prisoners in State Custody