Extradition by Treaty or Legislative Authorization
Aside from a limited class of cases authorized as part of the 1996 antiterrorism bill, the authority to extradite an individual from the United States to a foreign country is governed by the existence of a treaty with the foreign government seeking extradition (Title 18 U.S.C. § 3181(a)). Enacted in 1948, this statutory provision simply codified a prior Supreme Court holding stating, “while a government may … voluntarily exercise the power to surrender a fugitive from justice to the country from which he has fled … the legal right to demand his extradition and the correlative duty to surrender him to the demanding country exist only when created by treaty.”
Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.
The author of this blog is Douglas McNabb. Please feel free to contact him directly at email@example.com or at one of the offices listed above.