---
kind: "section"
citation: "18 U.S.C. § 3264"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "3264"
heading: "Limitation on removal"
release: "119-102"
url: "https://uscodex.org/usc/18/3264"
units:
  - "Part II — Criminal Procedure"
  - "Chapter 212 — Military Extraterritorial Jurisdiction"
---

# §3264. Limitation on removal

- (a) Except as provided in [subsection (b)](#b), and except for a person delivered to authorities of a foreign country under [section 3263](/usc/18/3263.md), a person arrested for or charged with a violation of [section 3261(a)](/usc/18/3261.md?p=a) shall not be removed—
  - (1) to the [United States](/usc/18/5.md); or
  - (2) to any foreign country other than a country in which such person is believed to have violated [section 3261(a)](/usc/18/3261.md?p=a).
- (b) The limitation in [subsection (a)](#a) does not apply if—
  - (1) a Federal magistrate judge orders the person to be removed to the [United States](/usc/18/5.md) to be present at a detention hearing held pursuant to [section 3142(f)](/usc/18/3142.md?p=f);
  - (2) a Federal magistrate judge orders the detention of the person before trial pursuant to [section 3142(e)](/usc/18/3142.md?p=e), in which case the person shall be promptly removed to the [United States](/usc/18/5.md) 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](/usc/18/5.md) in time for such examination;
  - (4) a Federal magistrate judge otherwise orders the person to be removed to the [United States](/usc/18/5.md); or
  - (5) the Secretary of Defense determines that military necessity requires that the limitations in [subsection (a)](#a) be waived, in which case the person shall be removed to the nearest [United States](/usc/18/5.md) military installation outside the [United States](/usc/18/5.md) adequate to detain the person and to facilitate the initial appearance described in [section 3265(a)](/usc/18/3265.md?p=a).

## Source credit

(Added Pub. L. 106–523, § 2(a), Nov. 22, 2000, 114 Stat. 2489.)

## Notes

### Editorial Notes

### References in Text

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