734

Review of Prisoner Transfer Requests

The International Prisoner Transfer Unit (IPTU) of the Office of Enforcement Operations, Criminal Division, is responsible for approving and administering the transfer of prisoners to and from the United States pursuant to the prisoner transfer treaties. Much of the practice and procedure for transfer is governed by 18 U.S.C. § 4100 et seq., with applicable regulations set out at 28 C.F.R. § 527.40 et seq. The decision to approve a transfer is based upon the entire record of the offender. If a foreign national incarcerated in the United States on a Federal sentence requests a transfer to his or her country of origin, a transfer request package is compiled by the Bureau of Prisons. These packages contain (1) the application of the offender requesting transfer, (2) the judgment and commitment order for the underlying offense(s), (3) the presentence investigation report, (4) information about the prisoner's adjustment to prison, (5) sentence computation information, (6) information about the prisoner's ties to his/her home country and to the United States, and (7) information about pending appeals or detainers. Inquiry is then made of the prosecutor and of the law enforcement agency involved in the case for any additional information that might assist IPTU in determining the propriety of the requested transfer. The information about the transfer request is evaluated within IPTU and, pursuant to 28 C.F.R. §  0.64-2, is forwarded to either the Director or Senior Associate Director of the Office of Enforcement Operations for a final decision. If the transfer request is approved, transfer documents are sent to the appropriate foreign government agencies. If the transfer is denied, the Bureau of Prisons, the foreign government, the applicant, and sometimes the United States Department of State, are notified. International prisoner transfer is a discretionary program. Marquez-Ramos v. Reno, 69 F.3d 477 (10th Cir. 1995); Bagguley v. Bush, 953 F.2d 660 (D.C. Cir. 1991), cert. denied, 503 U.S. 995 (1992); Scalise v. Thornburgh, 891 F.2d 640 (7th Cir. 1989), cert. denied, 494 U.S. 1083 (1990). Although no formal regulations exist governing the considerations to be applied to prisoner transfer requests, non-binding internal guidelines do exist. These guidelines set forth a number of factors which are considered in determining the eligibility of prisoners for transfer, such as: the seriousness of the underlying offenses, whether the offender has paid any fines and/or made restitution pursuant to the sentencing court's order, the offender's prior record, the strength of the offender's ties to each country, and the likelihood of rehabilitation. [cited in USAM 9-35.010]