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769 KB
Extraction Summary
2
People
2
Organizations
2
Locations
2
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
769 KB
Summary
This legal document, a page from a court filing, analyzes the legal ambiguity surrounding the timing of nationality assessment for an extradition request under the U.S.-France Extradition Treaty. It presents conflicting interpretations, with the treaty and French law suggesting nationality is assessed at the time of the offense, while the Defendant's expert argues for the time of the request. This uncertainty complicates the Defendant's potential renunciation of French citizenship as a means to prevent extradition.
People (2)
| Name | Role | Context |
|---|---|---|
| The Defendant | Defendant |
Subject of an extradition request, whose nationality is being debated.
|
| French legal expert | Legal expert |
Provided an opinion on behalf of the Defendant, arguing that nationality is assessed at the time of the extradition r...
|
Organizations (2)
| Name | Type | Context |
|---|---|---|
| The Court | Government agency |
Mentioned as assessing the risks related to the Defendant's case and citing a translated letter.
|
| Ministry of Justice | Government agency |
Mentioned in a footnote as the source of a translated letter citing Article 694-4 of the French Code of Criminal Proc...
|
Timeline (2 events)
1996-04-23
The Extradition Treaty between the United States and France was established.
An extradition request for a defendant is being considered, with legal uncertainty over when the defendant's nationality should be assessed.
United States
Locations (2)
| Location | Context |
|---|---|
|
Party to the Extradition Treaty with France.
|
|
|
Party to the Extradition Treaty with the United States and the nationality of the Defendant.
|
Relationships (1)
The two countries are parties to an Extradition Treaty dated April 23, 1996.
Key Quotes (3)
"[t]here is no obligation upon the Requested State to grant the extradition of a person who is a national of the Requested State, but the executive authority of the United States shall have the power to surrender a national of the United States if, in its discretion, it deems it proper to do so. The nationality of the person sought shall be the nationality of that person at the time the offense was committed."Source
— Article 3(1) the Extradition Treaty between the United States and France of April 23, 1996
(Quoted to support the argument that nationality for extradition purposes is determined at the time the offense was committed.)
DOJ-OGR-00000872.jpg
Quote #1
"Extradition shall not be granted . . . [w]hen the person claimed has French nationality, the latter being assessed at the time of the offense for which extradition is requested."Source
— Article 694-4 of the French Code of Criminal Procedure
(Quoted to show that French law also assesses nationality at the time of the offense for extradition requests.)
DOJ-OGR-00000872.jpg
Quote #2
"When the individual claimed to have French citizenship, said citizenship having been assessed at the time of the offense on the basis of which removal is being requested."Source
— translated letter from the Ministry of Justice
(Provided in a footnote as an alternative translation of Article 694-4, reinforcing that nationality is assessed at the time of the offense.)
DOJ-OGR-00000872.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (2,300 characters)
Case 21-cr-00330-AJN Document 1692 Filed 09/22/21 Page 9 of 12
nationality is assessed at the time the offense was committed, any loss of nationality subsequent
to said offense has no bearing upon the removal proceedings and shall not supersede said
assessment of nationality.”¹ Gov’t Opp’n, Ex. A at 2. The Defendant, meanwhile, relies on the
opinion of a French legal expert who argues that nationality is assessed at the time of the
extradition request. See Reply, Ex. A ¶ 11. The Defendant’s expert concedes that there is no
case law addressing this precise issue. Id. ¶ 21.
Exacerbating the uncertainty is the fact that the relevant legal materials also lend
themselves to multiple interpretations. For instance, Article 3(1) the Extradition Treaty between
the United States and France of April 23, 1996 provides that “[t]here is no obligation upon the
Requested State to grant the extradition of a person who is a national of the Requested State, but
the executive authority of the United States shall have the power to surrender a national of the
United States if, in its discretion, it deems it proper to do so. The nationality of the person
sought shall be the nationality of that person at the time the offense was committed.” See Reply,
Ex. A ¶ 9 (emphasis added)). Article 694-4 of the French Code of Criminal Procedure similarly
provides that “Extradition shall not be granted . . . [w]hen the person claimed has French
nationality, the latter being assessed at the time of the offense for which extradition is
requested.”² Id. ¶ 10; see also Gov’t Opp’n, Ex. A at 2. Thus, there is considerable uncertainty
as to the relevance of the Defendant’s offer of renunciation of her French citizenship to her
ability to frustrate, if not entirely bar, extradition. The Court’s assessment of the risks largely
to said offense has no bearing upon the removal proceedings and shall not supersede said
assessment of nationality.”¹ Gov’t Opp’n, Ex. A at 2. The Defendant, meanwhile, relies on the
opinion of a French legal expert who argues that nationality is assessed at the time of the
extradition request. See Reply, Ex. A ¶ 11. The Defendant’s expert concedes that there is no
case law addressing this precise issue. Id. ¶ 21.
Exacerbating the uncertainty is the fact that the relevant legal materials also lend
themselves to multiple interpretations. For instance, Article 3(1) the Extradition Treaty between
the United States and France of April 23, 1996 provides that “[t]here is no obligation upon the
Requested State to grant the extradition of a person who is a national of the Requested State, but
the executive authority of the United States shall have the power to surrender a national of the
United States if, in its discretion, it deems it proper to do so. The nationality of the person
sought shall be the nationality of that person at the time the offense was committed.” See Reply,
Ex. A ¶ 9 (emphasis added)). Article 694-4 of the French Code of Criminal Procedure similarly
provides that “Extradition shall not be granted . . . [w]hen the person claimed has French
nationality, the latter being assessed at the time of the offense for which extradition is
requested.”² Id. ¶ 10; see also Gov’t Opp’n, Ex. A at 2. Thus, there is considerable uncertainty
as to the relevance of the Defendant’s offer of renunciation of her French citizenship to her
ability to frustrate, if not entirely bar, extradition. The Court’s assessment of the risks largely
¹ The Court cites the translated version of the letter, though the original letter is in French.
² Here, there are minor discrepancies between the two sides’ respective translations. The
translated letter from the Ministry of Justice cites Article 694-4 as reading, “When the individual
claimed to have French citizenship, said citizenship having been assessed at the time of the
offense on the basis of which removal is being requested.” Gov’t Opp’n, Ex. A at 2.
9
² Here, there are minor discrepancies between the two sides’ respective translations. The
translated letter from the Ministry of Justice cites Article 694-4 as reading, “When the individual
claimed to have French citizenship, said citizenship having been assessed at the time of the
offense on the basis of which removal is being requested.” Gov’t Opp’n, Ex. A at 2.
9
DOJ-OGR-00000872
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