<P> Habeas corpus is a legal procedure initiated by an individual to test the legality of his detention by the government . To benefit from habeas corpus, the affected person, or someone on his behalf, must file a petition for relief before a court with jurisdiction . The procedure is contained in 28 U.S.C. § 2241 et . seq . When the habeas petition contests the decision of an extradition magistrate, the individual must argue that his detention and surrender to a foreign country violates the United States Constitution, the applicable extradition treaty, or a federal statute . </P> <P> Because orders of extradition cannot be appealed, the only means for an individual to have them reviewed is to file a request for a writ of habeas corpus . The government, on the other hand, may renew its request if the original one is denied . Habeas corpus review by a district court is generally available whenever an individual "is in custody in violation of the Constitution or laws or treaties of the United States," and is provided for several different types of detention in addition to extradition, such as detention after a criminal conviction, and for military purposes . As part of its habeas review, the court will normally accept the factual findings of the extradition magistrate, while legal issues are considered anew . </P> <P> The scope of review of a writ of habeas corpus in extradition is meant to be limited . It is settled to cover at least inquiries on whether: (1) the extradition magistrate acquired jurisdiction over the individual and the matter; (2) the crime for which extradition is sought is included within the treaty as an extraditable offense, and (3) whether there is probable cause to commit the relator to trial . Many courts, however, have adopted an "expanded" scope of habeas review that additionally considers issues about the violation of constitutional rights . </P> <P> Petitioners in extradition cases may contest the legality of their detention though a habeas proceeding by arguing, for example, that the extradition treaty is not in force, that the alleged crime constitutes political behavior subject to exception, that the determination of extraditability by the magistrate has not been made according to the requirements of the applicable United States statutes and treaty, that the extradition procedure does not comply with the Constitution, and that the relator has not been formally charged . </P>

What countries have no extradition treaty with the united states