HomeUS Extradition Lawyers and Solicitors
International extradition refers to the process by which one country hands over an alleged or suspected criminal to another country that has made a formal request. International law states that sovereign nations are not obliged to extradite their own citizens. However, in a collective effort to uphold justice and diplomatic relations, countries enter into extradition treaties with each other.
The extradition process in the US requires a profound understanding of both national legislation and international treaties. Our lawyers at Interpol law firm are ready to provide expert assistance in extradition matters, international arrest warrants, and other criminal issues.
The Extradition Act in the United States
Extradition to the USA is governed by both national legislation and international treaties. The primary legislative act regulating extradition in the USA is U.S. Code Title 18, §§ 3181–3196. Section 18 of the U.S. Code governs the general principles and extradition process within the country, including a description of which crimes are extraditable and the process for reviewing extradition requests. This law establishes the requirements for an International extradition request to be considered justified.
Furthermore, the 1996 amendments to 18 U.S.C. 3181 and 3184 allow the United States, regardless of the existence of a treaty, to extradite individuals (who are not citizens, subjects, or permanent residents of the US) who have committed violent crimes against citizens of the United States in foreign countries.
Extradition to the USA is divided into two types:
- Active extradition: The US government requests the extradition of an alleged criminal from another country for legal proceedings or to serve a sentence.
- Passive extradition: another country submits a request for the extradition of a person located in the US for criminal prosecution within its jurisdiction.
Extradition to the USA may be requested for the following types of alleged crimes:
- Drug trafficking, production, and distribution of narcotic substances;
- Participation in terrorist acts;
- Financing of terrorism;
- Premeditated murder;
- Corruption;
- Large-scale financial fraud;
- Money laundering;
- Human trafficking, forced labour, and sexual exploitation;
- Organized crime;
- Crimes against humanity;
- Cybercrime.
Grounds for extradition from the USA:
- Extradition treaty presence: The USA has created binding extradition treaties with more than 100 countries.
- The principle of dual criminality: the crime for which extradition is requested must be considered criminally punishable in both the USA and the requesting country.
- The seriousness of the alleged crime: administrative or minor offences are not grounds for extradition.
- The absence of a political nature to the crime: If the request is based on a political crime like involvement in opposition movements or protests, this can serve as grounds for refusing extradition.
- Threat of human rights violations: risk of torture, cruel treatment, or capital punishment like the death penalty. This rule applies to most extradition treaties to ensure fundermental human rights are protected.
- Sufficient evidence: current and reliable confirmation of the guilt of the person sought, the evidence must meet the standards of the US criminal justice system.
- Limitation period: the crime must be within the statute of limitations both in the USA and in the country submitting the request.
When these conditions are ignored, you will need the help of a competent legal advocate to assist you in successfully fighting extradition to the requesting country. That is because challenging extradition is a complex legal process that requires a clear understanding of international and local laws.
How does US Extradition Work?
Foreign extradition requests should be sent through diplomatic channels, typically from the requesting country’s embassy in Washington to the State Department. If the request is properly formatted, an International extradition attorney from the Office of the Legal Adviser at the State Department prepares a certificate confirming that a treaty exists, that the offense is extraditable, and that the supporting documents are duly authenticated in accordance with 18 U.S.C. § 3190. Following this, the request is forwarded to the Office of International Affairs (OIA) at the Department of Justice.
The Ministry of Internal Affairs examines it for sufficiency and sends requests to the US Attorney’s Office in the judicial district where the fugitive is located. Then, the US Attorney’s Office obtains a warrant, the suspect is arrested, and appears before a US magistrate or district judge. However, the government opposes bail in extradition cases.
If the criminal does not waive their right to a hearing, the court conducts the hearing in accordance with 18 U. If the court confirms the request, it issues an order for extradition proceedings and forwards the record to the Secretary of State, who then decides on extraditing the fugitive to the requesting government.
The Ministry of Foreign Affairs notifies the foreign government and arranges for the transfer of the criminal to agents designated by the requesting country. Although the ruling issued after the extradition hearings is not subject to appeal, the suspect may file a habeas corpus petition immediately after the ruling is made. The district court’s decision on the petition can be appealed, and extradition may be suspended if the court makes a corresponding decision.
If you require assistance with International or interstate extradition matters, our skilled criminal defense attorney is ready to provide expert advice and legal support.
Extradition and Interpol Red Notice
Interpol Red Notice is not a legally binding arrest warrant, but it can be used as grounds for detaining a person in the USA with subsequent consideration of an International extradition request.
If a Red Notice from Interpol is received in the USA, this notice can be used to temporarily arrest a person sought under an international warrant. A Red Notice does not automatically lead to extradition – each situation is assessed according to the relevant laws and international treaties.
The United States government conducts a thorough review of each extradition request to ensure there is a bilateral extradition treaty, the principle of dual criminality is met, and human rights are respected. Requests related to political crimes are generally not considered for extradition, as are those where there is a risk of human rights violations.
For removal of Interpol red notice one must submit a request to the Commission for the Control of Interpol’s Files (CCF). The Commission reviews the petition and makes a decision. If the review is successful, Interpol removes the notice from its databases, and the individual is no longer subject to international search.
What Countries Don’t Have Extradition with USA
As of 2024, the United States government has extradition treaties with more than 100 countries. However, the extradition process is not possible to any foreign country that holds a hostile stance towards the USA, such as Iran, North Korea, and Russia. Additionally, extradition treaties are absent in most countries in Africa, Asia, the Middle East, and the former USSR.
Some countries may also refuse to sign extradition treaties due to foreign policy considerations or to encourage people to emigrate to their states. As such, US nationals may also immigrate to these states to avoid extradition.
The USA does not have extradition treaties with the following sovereign states:
- Afghanistan
- Algeria
- Armenia
- Azerbaijan
- Bangladesh
- Belarus
- China
- Georgia
- Indonesia
- Iran
- Kazakhstan
- Maldives
- Moldova
- Mongolia
- Morocco
- North Korea
- Oman
- Qatar
- Russia
- Saudi Arabia
- Syria
- Tajikistan
- Tunisia
- Turkmenistan
- Ukraine
- United Arab Emirates
- Uzbekistan
- Vatican
- Vietnam
Additionally, there are no extradition treaties with the following partially recognized states:
- Abkhazia
- Northern Cyprus
- Palestine
- Somaliland
- South Ossetia
- Taiwan
- Transnistria
- Western Sahara
However, even in the absence of an extradition treaty, the authorities can decide to extradite a criminal. In that case, International extradition cases will be considered based on the underlying circumstances instead of being subject to automatic obligations arising from a treaty.
Grounds for Refusal of Extradition to the USA
Under the following circumstances, International extradition may be denied both from the USA and to the USA:
- The political nature of the crime;
- Human rights violation;
- The threat of cruel treatment or the use of the death penalty;
- The absence of the principle of double criminality;
- Expiration of the statute of limitations;
- Unreliable or insufficient evidence;
- Absence of an extradition treaty;
- Breach of the non bis in idem principle (prohibition of double jeopardy).
Why You Should Choose Interpol Lawyers
Our Interpol law firm specialises in the protection of clients’ interests on the international stage. Let’s consider the main advantages of collaborating with our team of extradition lawyers:
- Extensive experience in the field of international law;
- A comprehensive approach to problem-solving;
- A global network of partners around the world for effective protection of clients’ interests in various countries.
- Highly qualified specialists;
- Full confidentiality protection;
- Expert representation in Interpol;
- Professional support at all stages of the case, from initial consultation to the final resolution of disputes.
Our International extradition attorneys are always focused on achieving the best possible outcome for our clients. Thanks to the high level of professionalism and skills of our team, we have successfully resolved even the most complex and challenging International extradition cases.
Contact extradition lawyers in the USA
Our team of extradition defense lawyers does not employ one-size-fits-all solutions. Each legal strategy is developed taking into account all the details of your case, international law, extradition treaties and the specificities of the requesting country. We possess the knowledge and expertise to handle the most complex cases, including international disputes, extradition proceedings, and cases involving Interpol requests.
Don’t wait until the situation worsens. If you’re facing extradition or wish to contest an extradition request, get in touch with our lawyers in the US. Contact our federal criminal defense lawyers right now to receive a consultation and start defending your interests in the extradition case!
