Fugitives facing extradition, History

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Sometimes fugitives facing extradition make appeals for relief to courts in the asylum state, and bring habeas corpus actions requesting judges in the asylum state to forestall extradition. Once the governor of a state has granted extradition, a judge who is considering an application for release on habeas corpus can decide whether:

a. the extradition documents are proper on their face;

b. petitioner has been charged with a crime in the demanding state;

c. petitioner is the person named in the extradition request and is a fugitive;

d. all of the above


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