If both countries approve the transfer, the next step in the transfer process is to arrange a consent verification hearing (CVH). The CVH, which is conducted by a Federal Magistrate Judge, is mandated by 18 U.S.C. § 4107. Its purpose is to ensure that the prisoner voluntarily consents and understands the consequences of the transfer. A Federal Public Defender represents the prisoner at the hearing. The CVH is required for all transferring prisoners whether they are foreign nationals transferring from the United States back to their home countries or Americans transferring from a foreign country back to the United States. A representative of the USAO is not required to attend the hearing of a foreign national transferring from the United States. However, the USAO in the district where the hearing is being held may be required to prepare the necessary application for a writ of habeas corpus or order to produce the prisoner’s presence at the hearing. For more information about arranging and conducting consent verification hearings, please contact the International Prisoner Transfer Unit.

[updated January 2020]