context: These courts require the potential extraditee to establish the following two factors before the Court can grant bail in a foreign extradition case: (1) "special circumstances" exist in their particular case; and (2) they are not a flight risk or a danger to the community. However, at least two courts have had difficulty in applying flight risk as a separate, independent factor from the special circumstances inquiry.
citation_a.signal: see also
citation_a.identifier: 459 F.Supp.2d 1024, 1026-27
citation_a.parenthetical: 'While this Court recognizes lack of flight risk as the initial threshold Respondents must cross, it is such a prominent aspect of this case that it rises to the level of a special circumstance in and of itself."
citation_a.sentence: See Parretti v. United States, 122 F.3d 758 (9th Cir.1997) (indicating that detention pending an extradition hearing without some indicia of flight risk violates the Due Process Clause), withdrawn and appeal dismissed on other grounds, 143 F.3d 508 (9th Cir.1998) (en banc); see also In re Extradition of Chapman, 459 F.Supp.2d 1024, 1026-27 (D.Haw.2006) (‘While this Court recognizes lack of flight risk as the initial threshold Respondents must cross, it is such a prominent aspect of this case that it rises to the level of a special circumstance in and of itself.”).
citation_b.signal: see
citation_b.parenthetical: indicating that detention pending an extradition hearing without some indicia of flight risk violates the Due Process Clause
citation_b.sentence: See Parretti v. United States, 122 F.3d 758 (9th Cir.1997) (indicating that detention pending an extradition hearing without some indicia of flight risk violates the Due Process Clause), withdrawn and appeal dismissed on other grounds, 143 F.3d 508 (9th Cir.1998) (en banc); see also In re Extradition of Chapman, 459 F.Supp.2d 1024, 1026-27 (D.Haw.2006) (‘While this Court recognizes lack of flight risk as the initial threshold Respondents must cross, it is such a prominent aspect of this case that it rises to the level of a special circumstance in and of itself.”).