“Extradition” from the United States to Russia—Leonid Nevzlin

We have discussed, from time to time, ways in which individuals can be sent from one country to another in the absence of an extradition treaty, such as is seen in the case of Jacob Alexander when Namibia amended its Extradition Act to make the United States an extradition partner, or in the absence of an extradition hearing, as was seen in Mexico with the apparent extrajudicial removal of Arthur March and Tongsun Park from Mexico. Russia, now, is apparently attempting to have Leonid Nevzlin, the former co-owner of Yukos, deported from the United States because there is no extradition treaty between the two countries.^[1]

Russia previously had notified Interpol that Mr. Nevzlin has been charged with various crimes—such as organizing murders and attempted murders—and Interpol issued a Red Notice based on those representations.^[2] When Mr. Nevzlin entered the United States on Sunday,^[3] he was detained based on the Red Notice; after determining that there was no extradition treaty, however, it appears that the United States released him.^[4]

Deportation procedures are far different than extradition procedures, and Russia may find it difficult to have Mr. Nevzlin deported to Russia. In the first place, it appears that Mr. Nevzlin was living in “self-imposed exile in Israel.”^[5] In general, aliens who are found to be deportable “shall be removed to the country in which the alien boarded the vessel or aircraft on which the alien arrived in the United States.”^[6] If Mr. Nevzlin entered the United States from Israel, he would have to be returned to Israel, not Russia. If Israel refused to accept him, however, he could be removed to the country of which he is a citizen, which is presumably Russia.^[7]

The removal country, however, is the least of Russia’s concerns, because Russia has, of late, come under increasing scrutiny after Alexander Litvinenko was apparently murdered with a polonium pill; most suspicions point to Russia as the source of the assassination, and there are great concerns that defendants are unlikely to receive fair trials in Russia. Over a year ago, we mentioned that the United Kingdom refused to extradite Alexandr Temerko, also a former Yukos executive, over concerns that he would not be given a fair trial due to political persecution.^[8] Furthermore, an alien can be given asylum in the United States if he is a refugee,^[9] which is defined as a person who is unwilling to return to his country because of persecution on account of, inter alia, political opinion.^[10]

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[1] Russia Demands That U.S. Deport Nevzlin, Interfax, Dec. 27, 2006.
[2] Id.
[3] Interpol Confirms U.S. Detained Nevzlin Temporarily, Interfax, Dec. 27, 2006.
[4] See Interfax, supra note 1.
[5] Russia Resumes Investigation Into Case of Exiled Chechen Emissary, Ria Novosti, Dec. 20, 2006.
[6] 8 U.S.C. § 1231(b)(1)(A).
[7] Id. § 1231(b)(1)(C)(i).
[8] See also Ria Novosti, supra note 5.
[9] 8 U.S.C. § 1158(b)(1)(A).
[10] Id. § 1101(42).