I asked whether process as described in the article is accurate, if Italy requested extradition would this trigger Amanda’s detention? I agree given that it is the Daily Mail I assumed it was wrong, maybe someone more in the know could clarify
I don't think their request alone would trigger it.
Here is process.
http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/15mcrm.htm#9-15.700
9-15.700
Foreign Extradition Requests
Foreign requests for extradition of fugitives from the United States are ordinarily submitted by the embassy of the country making the request to the Department of State, which reviews and forwards them to the Criminal Division's Office of International Affairs (OIA). The requests are of two types: formal requisitions supported by all documents required under the applicable treaty, or requests for provisional arrest. (Requests for provisional arrest may be received directly by the Department of Justice if the treaty permits. See USAM 9-15.230 for an explanation of provisional arrest.)
When OIA received a foreign extradition request, in summary, the following occurs:
OIA reviews both types of requests for sufficiency and forwards appropriate ones to the district.
The Assistant United States Attorney assigned to the case obtains a warrant and the fugitive is arrested and brought before the magistrate judge or the district judge.
The government opposes bond in extradition cases.
(As I understand it Coulsdon, The US Attorney will automatically oppose bond, which means that Amanda would be held until the decision is made (...if the US attorney gets his way with the judge.) I don't know if the judge can tell the government no and release Amanda on bail.
A hearing under 18 U.S.C. § 3184 is scheduled to determine whether the fugitive is extraditable. If the court finds the fugitive to be extraditable, it enters an order of extraditability and certifies the record to the Secretary of State, who decides whether to surrender the fugitive to the requesting government. In some cases a fugitive may waive the hearing process.
OIA notifies the foreign government and arranges for the transfer of the fugitive to the agents appointed by the requesting country to receive him or her. Although the order following the extradition hearing is not appealable (by either the fugitive or the government), the fugitive may petition for a writ of habeas corpus as soon as the order is issued. The district court's decision on the writ is subject to appeal, and the extradition may be stayed if the court so orders.
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Role of the Department of State in Foreign Extradition Requests
All extradition treaties currently in force require foreign requests for extradition to be submitted through diplomatic channels, usually from the country's embassy in Washington to the Department of State. Many treaties also require that requests for provisional arrest be submitted through diplomatic channels, although some permit provisional arrest requests to be sent directly to the Department of Justice. The Department of State reviews foreign extradition demands to identify any potential foreign policy problems and to ensure that there is a treaty in force between the United States and the country making the request, that the crime or crimes are extraditable offenses, and that the supporting documents are properly certified in accordance with 18 U.S.C. § 3190. If the request is in proper order, an attorney in the State Department's Office of the Legal Adviser prepares a certificate attesting to the existence of the treaty, etc., and forwards it with the original request to the Office of International Affairs.
[cited in USAM 9-15.700]
