28 C.F.R. § 0.64-2

Delegation respecting transfer of offenders to or from foreign countries

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The Assistant Attorney General, Criminal Division, in consultation with the Assistant Attorney General for National Security in matters related to the National Security Division's activities, is authorized to exercise all of the power and authority vested in the Attorney General under 18 U.S.C. 4102 that has not been delegated to the Director of the Bureau of Prisons under 28 CFR 0.96b, including specifically the authority to find appropriate or inappropriate the transfer of offenders to or from a foreign country under a treaty as referred to in Public Law 95-144. The Assistant Attorney General, Criminal Division, is authorized to re-delegate this authority within the Criminal Division to the Deputy Assistant Attorneys General in the Criminal Division and to the Director, the Deputy Directors, and the Associate Director supervising the International Prisoner Transfer Unit of the Office of International Affairs.

[Order No. 2865-2007, 72 FR 10065, Mar. 7, 2007, as amended by AG Order No. 4212-2018, 83 FR 32580, July 13, 2018]

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1989–2023 · leading case: Jerome J. Scalise v. Richard Thornburgh, 891 F.2d 640 (7th Cir. 1989).

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Jerome J. Scalise v. Richard Thornburgh, 891 F.2d 640 (7th Cir. 1989). “, 28 C.F.R. § 0.64-2 plus Appendix, and 28 C.”

Sluss v. U.S. Dep't of Just., 898 F.3d 1242 (D.C. Cir. 2018). “§ 4102 (11) ; 28 C.F.R. § 0.64-2 ) denied his application and his request for reconsideration.”

Yosef v. Killian, 646 F. Supp. 2d 499 (S.D.N.Y. 2009). “§§ 4102 (1), (3); see also 28 C.F.R. § 0.64-2 (Attorney General may delegate such authority including “specifically the authority to find appropriate or inappropriate the transfer of offenders to or from a foreign country under a treaty”).”

Brancaccio v. Reno, 964 F. Supp. 1 (D.D.C. 1997). “See 28 C.F.R. § 0.64-2 . Within that Division is the International Prisoner Transfer Unit [the "IPTU”].”

Wong v. Warden, FCI Raybrook, 999 F. Supp. 287 (N.D.N.Y. 1998). “The Attorney General may delegate this authority to the Department of Justice, § 4102(11), and has done so, 28 C.F.R. §§ 0.64-2 , 0.96b. Regulations governing international transfers prohibit transfer in certain specified circumstances, inapplicable here, but otherwise direct…”

Sarras v. DOJ (D.D.C. 2023). “See 28 C.F.R. § 0.64-2 ; DOJ Manual § 9- 35.020 (2018).”

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