Extraordinary rendition, U.S.

As has been practiced by the United States government, captives are transferred from US custody without going through the regular channels of international extradition. This is a form of extrajudicial detention, although the process may or may not involve a hearing in the country involved. If the U.S. requested a country to deport a citizen of a third country, in transit through the second country, the second country could hold an administrative deportation hearing, as distinct from a judicial one.

Using the doctrine of state secrets, the U.S. Court of Appeals for the Fourth Circuit in a unanimous decision, dismissed the action of Khaled el-Masri asserting claims related to his extraordinary rendition.

The policy of the Obama administration has not been fully elaborated, although this Administration has taken a strong policy against torture.