How do you challenge a Red Notice?
An attorney handling a case with INTERPOL elements should be aware of the issues surrounding INTERPOL abuse and the reputation of the nation that requested the publication of the Red Notice. Attorneys should also be prepared to explain to an immigration judge the legal position of the National Central Bureau (NCB), which states, “United States does not consider a Red Notice alone to be a sufficient basis for the arrest of a subject because it does not meet the requirements for arrest under the 4th Amendment to the Constitution…”
A Red Notice can also be challenged directly through the Commission for the Control of INTEPROL’s Files (CCF). The process is similar to presenting an asylum case, but it is rooted in international human rights law and INTERPOL’s foundational documents. While recent reforms have improved the CCF’s speed of operation, it will normally take close to a year for the CCF to reach a decision and for the INTERPOL General Secretariat to implement it.