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A person charged abroad for an exclusion in the United States has two choices; they can fight the extradition there or they can wave the extradition. The decision whether to fight is a difficult one because ultimately the reality is that most extraditions are approved to the United states and that’s because extradition is ultimately a political decision. But nonetheless people have to consider various factors on whether they want to fight extradition or not. One of those factors is, for example, is if they happen to know that the case is very strong against them and they are going to spend a significant amount of time in jail in the United States and they happen to be in a country where prison conditions are more favorable than in the United States then they might want to choose to spend a year, two, three years in jail in the home country before they come to the United States because they will get credit for the time they already did there. Other factors obviously include the strength of the underlying paper work for the extradition. But again, the reality is when the United States government seeks extradition they have to get approval on so many different levels before they can seek extradition that usually the paper work is in order.
New York white collar criminal defense attorney, Florian Miedel, explains how to challenge extradition.