2nd Circuit Ruling May Help Foreign Nationals Fight Extradition

August 18, 2021

Published by Law360

Foreign defendants facing U.S. criminal charges frequently face a cruel dilemma — should they appear voluntarily to face the charges or challenge extradition at the risk of being considered a fugitive by the American legal system?

Fugitive status can have multiple negative consequences, including a high likelihood of pretrial detention in the event of extradition. Many foreign defendants therefore opt to waive extradition, particularly where doing so will allow them to be released on bail.

A recent decision by the influential U.S. Court of Appeals for the Second Circuit may create new opportunities for defendants to assert rights under the laws of their home countries with less risk of being labeled a fugitive.

In United States v. Sindzingre & Bescond,[1] the Second Circuit reversed the U.S. District Court for the Eastern District of New York's finding that the defendant, a French citizen residing in France who had not submitted to U.S. jurisdiction, was a fugitive, permitting her to dispute the jurisdictional validity of her criminal indictment without being forced to travel to the U.S.

Read the full article: 2nd Circ. Ruling May Help Foreign Nationals Fight Extradition

[1] United States v. Sindzingre & Bescond, No. 19-1698 (2d Cir. Aug. 5, 2021)