Extradition From the United States: Federal Defense
By Hanna Sianko — Associate Partner, LLM (LSE); practice in the UK and the United States
In short: When a foreign government seeks your extradition while you are in the United States, the case runs through a federal complaint, arrest, and a hearing under 18 U.S.C. §3184 — then a final surrender decision by the Secretary of State under §3186. It is not a trial, but it can be contested on treaty, dual-criminality, political-offense, and evidentiary grounds. Speak with an extradition lawyer confidentially: +357 96 447475.
When a foreign state wants a person surrendered from US soil, it does not simply take them. It must move through a statutory process built around 18 U.S.C. §3181–§3196, a federal judge, and the Secretary of State. Each stage is a place where a defense can intervene — and where errors by the requesting state can defeat the request. This page explains how the process works and how our attorneys fight it.
Speak with an extradition lawyer — confidential. Call, WhatsApp, or Telegram +357 96 447475, or request a confidential case review.
How does extradition from the United States work?
Extradition from the United States begins when a foreign government submits a request, usually through diplomatic channels, based on a treaty in force under 18 U.S.C. §3181. The Department of Justice Office of International Affairs (OIA) reviews it, a US Attorney files a complaint in federal court, the person is arrested, a judge holds a §3184 hearing, and — if extraditability is certified — the Secretary of State decides surrender under §3186.
The stages run in a fixed order, and the roles are divided between the courts and the executive branch:
- Request and provisional arrest. The requesting state transmits a formal request, or seeks a provisional arrest under the treaty and §3184 if the matter is urgent, before full documentation arrives.
- OIA review. The DOJ Office of International Affairs evaluates whether the request meets treaty and statutory requirements and refers it to the appropriate US Attorney’s office.
- Complaint and arrest. A federal prosecutor files a complaint; a warrant issues; the person is taken into custody, often with limited bail because there is a presumption against release in extradition cases.
- The §3184 hearing. A federal judge or magistrate determines whether the evidence and the treaty support certifying the person as extraditable.
- Certification and surrender. If the judge certifies extraditability, the decision goes to the Secretary of State, who makes the final surrender decision under §3186.
Key fact: A provisional arrest under 18 U.S.C. §3184 can occur before the requesting state has filed its complete extradition package — which is why the first days matter more than clients expect.
Speak with an extradition lawyer — confidential. Call, WhatsApp, or Telegram +357 96 447475, or request a confidential case review.
What happens at the federal extradition hearing?
The federal extradition hearing under 18 U.S.C. §3184 is a limited proceeding, not a full criminal trial. The judge decides three narrow questions: whether a valid treaty applies, whether the offense satisfies dual criminality, and whether there is probable cause to believe the person committed the charged conduct. Guilt or innocence is not decided, and the ordinary rules of a US trial do not fully apply.
Because the hearing is so contained, defendants are often surprised by what it excludes. Understanding those limits — and where they can still be pressed — is the core of the defense.
| Feature | Extradition hearing (§3184) | Ordinary criminal trial |
|---|---|---|
| Question decided | Extraditability (treaty, dual criminality, probable cause) | Guilt or innocence |
| Jury | No | Yes |
| Standard | Probable cause | Beyond a reasonable doubt |
| Defense evidence | Limited; may “explain,” not “contradict” | Full defense permitted |
| Outcome | Certification or discharge | Verdict |
The evidentiary limit is significant: in most circuits a person may offer evidence that explains the government’s case but not evidence that merely contradicts it. Framing a challenge so it fits within that boundary — attacking the sufficiency and reliability of the requesting state’s showing — is where experienced counsel makes the difference.
What are the grounds to contest surrender?
The grounds to contest surrender from the United States are defined by the treaty and by settled extradition doctrine. The strongest arguments attack the legal basis of the request rather than the underlying facts, because the §3184 hearing does not weigh guilt. The principal grounds are:
- No applicable treaty. Under 18 U.S.C. §3181, surrender generally requires a treaty in force between the US and the requesting state. If none applies to the offense or the relationship, the court cannot certify extradition.
- No dual criminality. The conduct must be a crime in both countries. If the alleged act is not an offense under US law, the dual-criminality requirement is not met.
- Political offense exception. Most treaties bar extradition for political offenses. Where the charge arises from political activity or an uprising, this exception can block surrender.
- Insufficient evidence / no probable cause. If the requesting state’s materials do not establish probable cause, the person must be discharged.
- Humanitarian and human-rights concerns. Risk of torture, persecution, or grossly unfair proceedings can be raised — often before the Secretary of State, and, where relevant, alongside a related Interpol Red Notice challenge if the request is politically motivated.
These defenses overlap and are frequently combined. For a fuller breakdown of each doctrine and how it is argued, see our guide to the legal grounds that defeat extradition. Whether a treaty even applies to the requesting country is itself worth verifying against our overview of countries with US extradition treaties.
Is there an appeal — and what is habeas corpus review?
There is no direct appeal from a §3184 certification of extraditability. Because a magistrate’s certification is not a final judgment in the ordinary sense, the only route to challenge it in the courts is a petition for a writ of habeas corpus filed in federal district court, which can then be appealed through the normal appellate channels.
Habeas review is narrow. A court generally examines only whether the judge had jurisdiction, whether the offense falls within the treaty, and whether any evidence supported the probable-cause finding — it does not re-weigh the evidence like an appellate court reviewing a trial. That limited scope makes it essential to build the record correctly at the §3184 hearing itself, because arguments not preserved there are difficult to raise later.
Key fact: Extradition is one of the few areas of US law where a person facing surrender has no direct appeal — habeas corpus is the review path, and the record made at the hearing largely controls it.
What is the Secretary of State’s role in the final decision?
Even after a judge certifies extraditability, the Secretary of State makes the final decision to surrender under 18 U.S.C. §3186. The Secretary may decline to surrender for humanitarian, foreign-policy, or human-rights reasons even where the court found the legal requirements met — so the executive stage is a genuine, separate opportunity for advocacy, not a formality.
At this stage counsel can submit representations on conditions in the requesting country, the risk of unfair trial or mistreatment, and the scope of the charges. The Secretary also secures the rule of specialty, the treaty principle that a surrendered person may generally be tried only for the offenses for which extradition was granted — a protection we insist on and monitor after surrender.
Speak with an extradition lawyer — confidential. Call, WhatsApp, or Telegram +357 96 447475, or request a confidential case review.
How do our attorneys defend extradition cases in the US?
We defend extradition-from-the-US cases by contesting every stage the law allows — from the provisional arrest to the Secretary’s final decision. Our approach is to test the treaty and the evidence early, oppose detention, litigate the §3184 hearing on dual criminality and probable cause, pursue habeas corpus review, and press humanitarian and specialty arguments before the executive.
In practice this means we obtain and analyze the request and the treaty text, coordinate with local US counsel wherever the hearing is held, and align the court defense with any parallel Interpol Red Notice removal where the case originates from a politically driven request. Cases in the opposite direction — where the US is the requesting state — are handled through our guide to defending against surrender to US authorities, which contrasts with the process described here.
If you or someone close to you has been arrested on a foreign extradition request in the United States, act now.
- Phone / WhatsApp / Telegram: +357 96 447475
- Email: [email protected]
- Request a review: book a confidential case review
Consultations are available Mon–Fri 10:00–19:00 (CET); urgent matters are handled by appointment.
FAQ
Can I be extradited from the United States without a trial?
The §3184 proceeding is a hearing, not a trial. The judge decides only whether a treaty applies, whether the conduct is a crime in both countries, and whether there is probable cause — not whether you are guilty. Guilt is decided later, in the requesting country’s courts.
Is there an appeal if the judge certifies my extradition?
No direct appeal exists. The only way to challenge a certification of extraditability in the courts is by filing a petition for a writ of habeas corpus, which can then be appealed through the normal federal appellate process.
On what grounds can extradition from the US be blocked?
Common grounds include the absence of an applicable treaty under 18 U.S.C. §3181, failure of dual criminality, the political offense exception, insufficient evidence to establish probable cause, and humanitarian or human-rights concerns raised before the Secretary of State.
Who makes the final decision to extradite?
A federal judge decides whether you are legally extraditable, but the Secretary of State makes the final surrender decision under 18 U.S.C. §3186 and may decline surrender on humanitarian or foreign-policy grounds even after certification.
What is the rule of specialty?
The rule of specialty is the treaty principle that a person surrendered by the United States may generally be prosecuted only for the offenses for which extradition was granted, not for other or later-added charges.
Can I get bail in a US extradition case?
Bail is possible but difficult. US courts apply a presumption against release in extradition matters, and bail is granted only in special circumstances, which makes early, well-prepared advocacy important.
Do you have an office in the United States?
We are an international firm serving the US market and clients worldwide from our offices in Cyprus and the United Kingdom, and we coordinate with local counsel wherever your hearing takes place.
