# Justice Manual § 9-16.020: Approval Required for Plea Agreements Involving Members of Congress, Federal Judges, Extradition, Deportation, and Air Piracy Cases

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-16.020

## Section

- **Citation:** Justice Manual § 9-16.020
- **Heading:** Approval Required for Plea Agreements Involving Members of Congress, Federal Judges, Extradition, Deportation, and Air Piracy Cases
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-16.000 - Pleas - Federal Rule Of Criminal Procedure 11 / Justice Manual § 9-16.020

## Text

Department attorneys should be cognizant of sensitivities when plea agreements involve either extradition or removal, areas where the United States may be bound by treaties or other international agreements. In cases involving defendants residing in the United States illegally, prosecutors may negotiate and enter into plea agreements in which defendants stipulate to the entry of a judicial order of removal, as set forth in 8 U.S.C. § 1228(c)(5). Government attorneys generally should not negotiate regarding a request that the government not seek an extradition or removal order in connection with any case. Department attorneys, before entering negotiations regarding a request not to seek extradition or removal, must obtain an endorsement by the head of the section or office responsible for supervising the case, then submit the request to the Office of International  Affairs seeking specific approval from the Assistant Attorney General, Criminal Division.
See
JM 9-15.800
and
9-73.510
.

The Department continues to advocate severe penalties for aircraft hijackers as a deterrent to future acts of piracy. Consequently, Department attorneys must obtain authorization from the Counterterrorism Section of the National Security Division  before entering into any agreement to forego an air piracy prosecution in return for a guilty plea to a lesser offense, or decides otherwise not to fully prosecute an act of air piracy.
See
JM 9-63.181
.

For policy regarding approval required for plea agreements involving defendants who are Members of Congress, candidates for Congress, or Federal judges, see
JM 9-16.110
.

[updated October 2018]

## Nearby sections

- [Justice Manual § 9-16.001 Legal Considerations](https://www.frixlaw.com/law-library/statutes/JM_S9-16.001.md)
- [Justice Manual § 9-16.010 Approval Required for Consent to Plea of Nolo Contendere](https://www.frixlaw.com/law-library/statutes/JM_S9-16.010.md)
- [Justice Manual § 9-16.015 Approval Required for Consent to Alford Plea](https://www.frixlaw.com/law-library/statutes/JM_S9-16.015.md)
- [Justice Manual § 9-16.020 Approval Required for Plea Agreements Involving Members of Congress, Federal Judges, Extradition, Deportation, and Air Piracy Cases](https://www.frixlaw.com/law-library/statutes/JM_S9-16.020.md)
- [Justice Manual § 9-16.030 Investigative Agency and Victim to be Consulted](https://www.frixlaw.com/law-library/statutes/JM_S9-16.030.md)
- [Justice Manual § 9-16.040 Plea Bargains in Fraud Cases](https://www.frixlaw.com/law-library/statutes/JM_S9-16.040.md)
- [Justice Manual § 9-16.050 Pleas by Corporations](https://www.frixlaw.com/law-library/statutes/JM_S9-16.050.md)
- [Justice Manual § 9-16.060 Miscellaneous Sections Requiring Consultation or Approval of Plea Agreements](https://www.frixlaw.com/law-library/statutes/JM_S9-16.060.md)
- [Justice Manual § 9-16.110 Plea Negotiations with Public Officials](https://www.frixlaw.com/law-library/statutes/JM_S9-16.110.md)
- [Justice Manual § 9-16.300 Plea Agreements—Federal Rule of Criminal Procedure 11(e)](https://www.frixlaw.com/law-library/statutes/JM_S9-16.300.md)
- [Justice Manual § 9-16.320 Plea Agreements and Restitution](https://www.frixlaw.com/law-library/statutes/JM_S9-16.320.md)
- [Justice Manual § 9-16.325 Guidelines and Limitations for Agreements Involving Payments to Non-Governmental Third Parties](https://www.frixlaw.com/law-library/statutes/JM_S9-16.325.md)
- [Justice Manual § 9-16.330 Plea Agreements and Waivers of Ineffective Assistance of Counsel](https://www.frixlaw.com/law-library/statutes/JM_S9-16.330.md)
- [Justice Manual § 9-16.500 Identifying Uncharged Third-Parties During Plea and Sentencing Proceedings](https://www.frixlaw.com/law-library/statutes/JM_S9-16.500.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-16.020. Check the current official text before relying on it. Not legal advice.