# Justice Manual § 9-35.012: Prisoner Transfer Determination

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-35.012

## Section

- **Citation:** Justice Manual § 9-35.012
- **Heading:** Prisoner Transfer Determination
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-35.000 - International Prisoner Transfers / Justice Manual § 9-35.012

## Text

The transfer decision is a discretionary judgment made by the sentencing country and the receiving country. A prisoner does not have a “right” to transfer nor can the sentencing country or receiving country force the prisoner to transfer. Each transfer application submitted to the Department presents a unique set of facts that must be evaluated on its individual merits. To assist it in evaluating the hundreds of transfer applications that it receives each year and to ensure consistency in decision-making, the Department has formulated guidelines that reflect the Department’s views concerning the various factors affecting the transfer decision. These guidelines [
https://www.justice.gov/criminal-oia/guidelines-evaluation-transfer-requests-submitted-foreign-nationals
] focus on three areas: the likelihood of social rehabilitation of the prisoner; important law enforcement interests and concerns that are implicated by the transfer; and the presence of any compelling humanitarian concerns.

[updated January 2020]

## Nearby sections

- [Justice Manual § 9-35.010 Introduction](https://www.frixlaw.com/law-library/statutes/JM_S9-35.010.md)
- [Justice Manual § 9-35.011 Statutory and Treaty Requirements](https://www.frixlaw.com/law-library/statutes/JM_S9-35.011.md)
- [Justice Manual § 9-35.012 Prisoner Transfer Determination](https://www.frixlaw.com/law-library/statutes/JM_S9-35.012.md)
- [Justice Manual § 9-35.013 Processing of Prisoner Transfer Requests](https://www.frixlaw.com/law-library/statutes/JM_S9-35.013.md)
- [Justice Manual § 9-35.014 Effect of Prisoner Transfer and the Administration of the Transferred Sentence](https://www.frixlaw.com/law-library/statutes/JM_S9-35.014.md)
- [Justice Manual § 9-35.015 Reconsideration of Prisoner Transfer Requests](https://www.frixlaw.com/law-library/statutes/JM_S9-35.015.md)
- [Justice Manual § 9-35.016 Consent Verification Hearings](https://www.frixlaw.com/law-library/statutes/JM_S9-35.016.md)
- [Justice Manual § 9-35.017 Role of the United States Attorneys' Offices in the Transfer Process](https://www.frixlaw.com/law-library/statutes/JM_S9-35.017.md)
- [Justice Manual § 9-35.018 Limitations on United States Attorneys' Offices Regarding Oral and Written Promises of Transfer During Plea Negotiations](https://www.frixlaw.com/law-library/statutes/JM_S9-35.018.md)
- [Justice Manual § 9-35.019 Relationship of Prisoner Transfer to Extradition](https://www.frixlaw.com/law-library/statutes/JM_S9-35.019.md)
- [Justice Manual § 9-35.020 AAG Memorandum Regarding the Transfer Program and the Role of the USAOs](https://www.frixlaw.com/law-library/statutes/JM_S9-35.020.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-35.012. Check the current official text before relying on it. Not legal advice.