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Transfer To United States: Operation In Practice

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Chapter Summary

There are many ways in which requests by United States nationals to transfer from foreign countries are processed. Even within particular countries, the approval procedures change over time as key officials responsible for the function change. The United States embassy in the sentencing country is responsible for that determination. Indeed, Congress's deletion of this provision implies that it intended such decisions to be subject to judicial review under the Administrative Procedure Act. In amplifying its views, the Court stated: One can note that when an agency refuses to act it generally does not exercise its coercive power over an individual's liberty or property rights. Finally, the Court of Appeals for the Second Circuit has held that offender whose transfer has been denied can obtain judicial review on grounds that the denial was based on unconstitutional discrimination because of race or retaliation for refusal to cooperate with law enforcement officials.

Keywords: Administrative Procedure Act; Congress; Court of Appeals; foreign countries; transfer; United States



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