18 U.S.C. § 3264

Limitation on removal

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(a) Except as provided in subsection (b), and except for a person delivered to authorities of a foreign country under section 3263, a person arrested for or charged with a violation of section 3261(a) shall not be removed—(1) to the United States; or(2) to any foreign country other than a country in which such person is believed to have violated section 3261(a).(b) The limitation in subsection (a) does not apply if—(1) a Federal magistrate judge orders the person to be removed to the United States to be present at a detention hearing held pursuant to section 3142(f);(2) a Federal magistrate judge orders the detention of the person before trial pursuant to section 3142(e), in which case the person shall be promptly removed to the United States for purposes of such detention;(3) the person is entitled to, and does not waive, a preliminary examination under the Federal Rules of Criminal Procedure, in which case the person shall be removed to the United States in time for such examination;(4) a Federal magistrate judge otherwise orders the person to be removed to the United States; or(5) the Secretary of Defense determines that military necessity requires that the limitations in subsection (a) be waived, in which case the person shall be removed to the nearest United States military installation outside the United States adequate to detain the person and to facilitate the initial appearance described in section 3265(a).(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2489.)Editorial NotesReferences in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (b)(3), are set out in the Appendix to this title.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2004–2025 · leading case: Rodriguez v. Smith

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Rodriguez v. Smith (2008) ca9 · cites it 2× “2d at 1514 , and in Sullivan , to 18 U.S.C. § 3264 (e), to determine tolling of the supervised release period.”

Tobey v. United States (2011) mdd “See 18 U.S.C. § 3264 (e) (“A term of supervised release does not run during any period in which the person is imprisoned in connection with a conviction .”

Lopez v. Terrell (2010) nysd “Whether Lopez’s presentence time qualifies for GCT thus depends on the bounds of his “term of imprisonment,” because the statute says prisoners may receive GCT for each year of that “term.” At first glance, then, the controlling question seems simple: what does “term of…”

(HC) Fair v. Thompson (2022) caed · cites it 2× “Lastly, 13 petitioner claims entitlement to even earlier release to home confinement under 18 U.S.C. § 3264 . 14 Respondent counters that (1) this court lacks jurisdiction over petitioner’s claims and (2) 15 petitioner failed to exhaust his claims prior to bringing the petition.”

Nicoletti v. Bayless (2023) wvnd “See 18 U.S.C. § 3264 (g)(1) (A). When his total FTCs equal the remainder of time on his sentence, the BOP will determine if he meets the criteria to transfer to a pre-release RRC or home confinement, or to receive early release.”

Jeffrey Parker v. Warden Emmerich (2025) wiwd “18 U.S.C. § 3264 (c)(6)(A). But the Bureau’s obligation under the Second Chance Act is limited “to the extent practicable.”

Stone v. Reno (2004) ca5 “Stone’s argument is that prison officials have misinterpreted 18 U.S.C. § 3264 (b), which provides that eligible federal prisoners serving terms of greater than one year shall receive a certain amount of “good conduct time” against their sentences.”

Rodriguez v. Smith (2008) ca9 “2d at 1514 , and in Sullivan, to 18 U.S.C. § 3264 (e), to determine tolling of the supervised release period.”

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