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Legal Memorandum: Extradition of a Foreign National

Issue: In general, how is extradition carried out?

Area of Law: Criminal Law, International Law & Global Trade
Keywords: Extradition; Foreign National
Jurisdiction: Federal, International
Cited Cases: None
Cited Statutes: 18 U.S.C. § 3184; 18 U.S.C. § 3186;
Date: 10/01/2007

Under federal law, any judge or magistrate may, upon complaint, order the extradition of a foreign national within the United States upon sufficient evidence establishing the commission of a crime provided for by any treaty or convention with the foreign national’s government.  18 U.S.C. § 3184.  Upon such a finding, the Secretary of State shall surrender the fugitive to the foreign government to be tried for the offense charged.  Id. § 3186.  American law, however, does not dictate what offenses are subject to extradition nor how foreign countries shall act on an extradition request of American fugitives.  Such matters are subjects of a bilateral treaty entered agreed to by the President of the United States, subject to ratification by the Senate, and the head of state of a foreign government.  It appears as though most white-collar crimes are generally included among those offenses for which extradition is available.

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