Fighting Extradition and Deportation After a Hawaii Arrest

Getting arrested in Hawaii can be scary, especially if you’re not from here. The legal system is complicated, and it can feel overwhelming trying to navigate it on your own. But there are defenses available if you end up facing extradition or deportation after an arrest in Hawaii. This article will walk through some of the key things to know.

Understanding Extradition and Deportation

Extradition and deportation are two separate legal processes that can happen after an arrest.

Extradition is when one state or country transfers a suspected or convicted criminal to another state or country. For example, if someone commits a crime in California then flees to Hawaii, California could request that Hawaii extradite the person back to face charges.

Deportation is when federal immigration authorities remove someone from the United States who is not a U.S. citizen. This happens if a non-citizen commits certain crimes or violates the terms of their visa.

So extradition is related to criminal charges, while deportation is about immigration status. But they are often connected – a criminal arrest can trigger both extradition and deportation proceedings.

Grounds for Fighting Extradition

If another state requests extradition from Hawaii, the process is governed by federal laws and the U.S. Constitution[1]. There are several grounds on which extradition can be legally challenged:

• Mistaken identity – If authorities have the wrong person, you can fight extradition by proving you are not actually the wanted criminal[2].
• Alibi – If you have an alibi showing you were not in the state where the crime occurred, extradition may not be valid[3].
• No probable cause – Extradition requires probable cause that you committed the crime. If the demanding state has not shown this, extradition can be blocked[4].
• No governor’s warrant – A governor’s warrant approved by the asylum state (Hawaii) is required for extradition. If it was not properly issued, the process is defective[5].
• Political offense exception – Extradition treaties usually exempt political crimes. If your case qualifies, extradition may be refused[6].
• Dual criminality – Extradition often requires that the offense is criminal in both the demanding and asylum state. If it’s not, extradition could be challenged.
• Humanitarian exception – Some treaties allow refusal of extradition if it would be unjust or cruel, such as due to poor health.

Defenses Against Deportation

For foreign nationals arrested in Hawaii, deportation is a major risk. But U.S. immigration law includes many defenses if you are placed in removal proceedings:

• Cancellation of removal – For lawful permanent residents (green card holders), deportation can be canceled if you have lived in the U.S. continuously for 5+ years.
• Adjustment of status – If you are eligible for a green card, you may be able to adjust status and avoid deportation.
• Asylum – If you fear persecution in your home country, applying for asylum can halt deportation.
• Withholding of removal – Even if asylum is denied, deportation can still be stopped if you prove clear risk of persecution.
• Convention Against Torture relief – If you fear torture in your home country, deportation may be deferred or withheld.
• Voluntary departure – Agreeing to voluntarily depart allows you to avoid legal penalties of deportation.
• Prosecutorial discretion – Immigration authorities have discretion on some deportations and may agree to close your case.

Finding an Experienced Hawaii Lawyer

Fighting extradition and deportation requires an experienced criminal and immigration defense lawyer. Key things to look for include:

• Knowledge of Hawaii’s extradition laws and processes
• Understanding of U.S. immigration law and Hawaii policies
• Experience handling extradition cases and deportation defense
• Resources to conduct investigations and gather evidence
• Ability to negotiate with prosecutors or immigration officials
• Courtroom skills in hearings and trials

Don’t go through this alone. A qualified Hawaii attorney can protect your rights and help avoid unjust extradition or deportation.

Conclusion

Getting arrested as a visitor or non-citizen in Hawaii can start a complex legal process involving extradition and immigration. But there are defenses against both under state and federal law. An experienced local attorney can be invaluable in fighting extradition or deportation to keep you in Hawaii or allow you to return home on your own terms.