Extradition Treaty Law and Procedure – Part 23

Issuance of Surrender Warrant by Secretary of State

The Secretary of State is not mandated to surrender an individual upon a showing of extraditability, but is permitted by statute to order the individual be delivered to the authorized agent of such foreign government. This discretion is an important provision in extradition proceedings. As one court of appeals has stated, “[t]he need for flexibility in the exercise of Executive discretion is heightened in international extradition proceedings which necessarily implicate the foreign policy interests of the United States.”

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 mcnabb@mcnabbassociates.com or at one of the offices listed above.

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