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Interpol red corner notice-hypothetical question, criminal proceedings

San Diego, CA |

This is a hypothetical question that can happen in real world. A citizen of country "X" resides in the United States. US has a treaty with country X to extradite. Since the citizen is of country X, if a red corner notice is issued, will the US govt blindly throw the visa holder out by revoking the Visa status? Or the accused shall be given the opportunity to fight it by hiring lawyers here and proving his that his is putting effort of fighting the accusations in his home country through lawyers there.

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Attorney answers 4

Posted

It depends, but an Interpol notice is often honored unless the person has resources to fight extradition in Federal Court. The fact that a person has attorneys in your home country is not the issue. The defendant often need to be present at a trial, so the criminal case may not continue to trial without the defendent returned to the home country.

The challenge is the grounds of extradition and the facts in a case. For grounds, consult with an experienced criminal attorney. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.

Asker

Posted

so in short, the feds will be all over the visa holder ready to extradite him unless he hires a lawyer to fight it in the federal court?

Kevin Lawrence Dixler

Kevin Lawrence Dixler

Posted

It depends. I strongly recommend an appointment with a competent and experienced criminal attorney, who has also handled extradition matters. Good luck.

Asker

Posted

appreciate your answers. Do you know one such in bay area, San Jose/SF

Posted

I agree with Attorney Dixler.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

Posted

Mr. Dixler is correct ... the person has the right to fight the extradition (pursuant to the treaty).

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Posted

Thanks for wasting our time with a "hypothetical."

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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