Written by Zachary Newland, Founding Partner. Last updated August 17, 2026.

International Extradition: Process, Hearings, and Defenses

• What Is International Extradition?
• How the 18 U.S.C. § 3184 Process Works
• Dual Criminality, Treaty Exceptions, and Common Defenses
• What to Do If You Are Arrested or Contacted About an Extradition Request
• How Evergreen Attorneys Can Help With International Extradition Defense
• Frequently Asked Questions

International extradition puts your physical liberty at stake in a way most people never expect. If a foreign government has asked the United States to surrender you for prosecution or to serve a sentence abroad, you face arrest, detention, a federal judicial hearing, and the real possibility of being physically delivered to a foreign criminal justice system with rules, conditions, and protections that may differ significantly from those in the United States.

The process moves on a timeline that does not wait for you to understand it, and the defenses available are narrower than in a typical federal criminal defense case. Understanding the legal framework, the hearing process, and your options is the first step toward protecting yourself.

Call the international extradition lawyers at Evergreen Attorneys today at (303) 948-1489 for a confidential case evaluation.

What Is International Extradition?

International extradition is the formal legal process by which one country requests that another country arrest and surrender a person who is accused or convicted of a crime. In the United States, the authority for extradition proceedings is found primarily in 18 U.S.C. chapter 209, with § 3184 providing the statutory framework for judicial hearings.

Extradition in the United States is almost always treaty-based. The government must show that an extradition treaty between the United States and the requesting country covers the alleged offense. There is a narrow statutory exception for certain crimes of violence committed against U.S. nationals abroad, but that pathway excludes U.S. citizens, nationals, and permanent residents from being surrendered under it.

The process is not a criminal trial. The extradition hearing before a U.S. judge or magistrate judge is limited in scope. The court does not decide guilt or innocence. It decides whether the legal prerequisites for certification are met for extradition, after which the Secretary of State makes the final decision on whether to surrender the person.

How the 18 U.S.C. § 3184 Process Works

The extradition process under 18 U.S.C. § 3184 follows a structured sequence that involves multiple federal agencies and a judicial proceeding with its own rules. According to Justice Manual guidance on international extradition, the process generally proceeds as follows.

The requesting country transmits its extradition request through diplomatic channels to the U.S. Department of State, which forwards it to the Department of Justice. The DOJ’s Office of International Affairs reviews the request for treaty compliance and legal sufficiency. If the request is accepted for processing, the government seeks the person’s arrest.

Once the person is arrested and brought before a judge or magistrate judge, the court holds a hearing to determine four core issues:

1. Whether an extradition treaty is in force between the United States and the requesting country
2. Whether the person before the court is the individual sought
3. Whether the offense charged is extraditable under the treaty
4. Whether there is probable cause to believe the person committed the offense

If the court finds all four elements satisfied, it certifies the person as “extraditable” and transmits the certification to the Secretary of State. The Secretary then exercises independent discretion to decide whether to order surrender. This two-step structure means the court’s role is limited: certification does not automatically result in surrender, and the Secretary may consider humanitarian, diplomatic, or other factors.

Bail in extradition cases is available but difficult to obtain. Courts apply a standard requiring the person to show “special circumstances” justifying release, a higher bar than the standard pretrial detention analysis in domestic federal cases.

Evergreen Attorneys won 9-0 in the U.S. Supreme Court in United States v. Hemani in June 2026, reflecting the firm’s depth of experience in high-stakes federal proceedings.

Dual Criminality, Treaty Exceptions, and Common Defenses

The probable cause hearing in an extradition case is not a forum for a full defense on the merits, but several meaningful defenses to extradition do exist. Understanding them early is critical because the window for raising them is narrow.

Dual criminality is a foundational requirement in most extradition treaties. The charged conduct must constitute a crime in both the requesting country and the United States. If the alleged behavior is not criminal under U.S. federal or state law, the dual criminality requirement may not be satisfied, and the court should decline certification.

Probable cause challenges are among the most common defenses. The requesting country must present competent evidence establishing probable cause that the person committed the extraditable offense. Defense counsel can challenge the sufficiency of that evidence, the reliability of the documents submitted, and whether the evidence actually supports the specific offense listed in the treaty.

Political offense exception. Some treaties contain an exception barring extradition for offenses that are political in nature. The scope and applicability of this exception vary by treaty and have been interpreted narrowly by U.S. courts in recent decades.

Identity challenges. If there is a genuine question about whether the person in custody is the same person named in the foreign warrant or indictment, the defense can challenge identity at the hearing.

Treaty limitations on surrender of nationals. Whether a U.S. citizen can be extradited depends on the specific treaty. Some treaties permit surrender of nationals; others restrict or prohibit it, or impose additional conditions. This analysis is treaty-specific and requires careful review of the applicable agreement.

Habeas corpus relief. After certification, a person may seek habeas corpus review in federal court. This is the primary avenue for challenging an extradition order after the hearing. Habeas review is limited but can address whether the magistrate had jurisdiction, whether the offense is extraditable, and whether the court applied the correct legal standard. Filing for habeas corpus under 28 U.S.C. Section 2241 is complicated and should only be done with an experienced federal habeas attorney.

What to Do If You Are Arrested or Contacted About an Extradition Request

If you learn that a foreign country has requested your extradition, or if you are arrested on a provisional arrest warrant related to extradition, take the following steps:

1. Retain experienced federal defense counsel immediately. Extradition proceedings have compressed timelines and limited procedural protections; early legal involvement is essential.
2. Do not make statements to law enforcement, consular officials, or foreign agents without your attorney present.
3. Have your attorney obtain and review the extradition request, the applicable treaty, and all supporting documents submitted by the requesting country.
4. Work with counsel to evaluate every available defense, including dual criminality, probable cause, treaty exceptions, identity, and the political offense doctrine.
5. Understand the bail standard. Your attorney should assess whether “special circumstances” exist that could support a request for release pending the hearing.
6. If the court certifies extraditability, discuss with counsel whether habeas corpus review or a diplomatic intervention through the Secretary of State’s discretionary authority is appropriate.

Do not assume that citizenship alone will prevent surrender. Do not wait for the hearing to begin thinking about your defense. The earlier you engage counsel, the more options remain available.

How Evergreen Attorneys Can Help With International Extradition Defense

International extradition requires counsel who understands both the procedural mechanics of 18 U.S.C. § 3184 and the treaty-specific analysis that drives every extradition case. Evergreen Attorneys provides federal criminal defense representation in extradition matters, including analysis of the treaty basis for the request, challenges to probable cause and dual criminality, identity defenses, and advocacy at the certification hearing.

Founding Partner Zachary Newland has appeared as counsel of record in more than 130 federal cases since 2016, handling federal investigations, hearings, and trial work across multiple jurisdictions. In an extradition case, that experience translates directly into the ability to evaluate the requesting country’s evidence, identify treaty-based defenses, and advise on the practical consequences of certification versus the options that remain after it.

The firm also evaluates whether habeas corpus relief is appropriate after certification and can assist with understanding the Secretary of State’s discretionary role in the surrender decision. In cases involving potential federal target letter issues or parallel white collar crime investigations connected to the extradition request, Evergreen Attorneys can coordinate a defense strategy that accounts for both the extradition proceeding and the broader federal exposure.

Frequently Asked Questions

What is the difference between an extradition hearing and a criminal trial?

An extradition hearing under 18 U.S.C. § 3184 is not a trial on guilt or innocence. The court’s role is limited to determining whether the treaty applies, whether the person is correctly identified, whether the offense is extraditable, and whether probable cause exists. Rules of evidence are relaxed compared to a criminal trial, and the person facing extradition generally cannot present a “defense on the merits.” If the court certifies extraditability, the final surrender decision belongs to the Secretary of State, not the court.

Can habeas corpus relief stop an extradition?

Habeas corpus is the primary judicial remedy available after a magistrate or judge certifies a person as extraditable. A federal district court can review the certification on habeas, but the scope of review is narrow. Courts generally examine whether the magistrate had jurisdiction, whether the offense is covered by the treaty, and whether the hearing satisfied due process. Habeas review does not reweigh the evidence or substitute the court’s judgment on probable cause. It can, however, result in the certification being vacated if the court identifies a legal error.

What does dual criminality mean in extradition cases?

Dual criminality means the conduct underlying the foreign charge must also constitute a crime under the laws of the requested country. In U.S. extradition proceedings, the court examines whether the alleged conduct would be criminal under federal or state law if it had occurred in the United States. The offense names do not need to match, but the underlying conduct must be punishable in both countries. If dual criminality is not satisfied, the court should refuse certification.

When should someone facing an extradition request involve federal defense counsel?

You should involve counsel as soon as you learn that a foreign country has requested your extradition or that a provisional arrest warrant has been issued. The compressed timeline of extradition proceedings, the limited scope of the hearing, and the narrow window for raising defenses all mean that delay reduces your options. Counsel can evaluate the treaty basis, challenge probable cause, assert applicable exceptions, and advise on bail, habeas relief, and the Secretary of State’s role before critical deadlines pass.

If you are facing an international extradition request or have been arrested on a provisional extradition warrant, contact Evergreen Attorneys at (303) 948-1489 for a confidential case evaluation.