Whenever there is a treaty or convention for extradition between the United States and any foreign government, or in cases arising under section 3181(b), any justice or judge of the United States, or any magistrate judge authorized so to do by a court of the United States, or any judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within his jurisdiction, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, or provided for under section 3181(b), issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or magistrate judge, to the end that the evidence of criminality may be heard and considered. Such complaint may be filed before and such warrant may be issued by a judge or magistrate judge of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known or, if there is reason to believe the person will shortly enter the United States. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, or under section 3181(b), he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made.
Notes of Decisions
Jose Munoz Santos v. Linda Thomas, 830 F.3d 987 (9th Cir. 2016).
· cites it 24× “2006); see also 18 U.S.C. § 3184 . Once the warrant is issued, the district court, which may include a magistrate judge, conducts a hearing to determine “whether there is ‘evidence sufficient to sustain the charge under the provisions of the proper treaty or convention,’ or, in…”
Skaftouros v. United States, 667 F.3d 144 (2d Cir. 2011).
· cites it 6× “18 U.S.C. § 3184 . 15 If the extradition officer determines that the evidence is sufficient “to sustain the charge under the provisions of the proper treaty or convention,” he is instructed to issue a certificate of extraditability to the Secretary of State, who has final and…”
Paolo Lo Duca v. United States, 93 F.3d 1100 (2d Cir. 1996).
· cites it 12× “NEWMAN, Chief Judge: This appeal presents a novel challenge to the constitutionality of the United States extradition statute, 18 U.S.C. § 3184 (1994), which has governed the extradition of fugitives found in this country for nearly 150 years.”
Hedelito Garcia v. Linda Thomas, 683 F.3d 952 (9th Cir. 2012).
· cites it 7× “Once a federal court has completed its extradition determinations under 18 U.S.C. § 3184 , the Secre- tary of State in her discretion may determine whether the alien should be surrendered to the custody of the requesting state.”
Neringa Venckiene v. United States, 929 F.3d 843 (7th Cir. 2019).
· cites it 7× “After a hearing pursuant to 18 U.S.C. § 3184 , a magistrate judge certified Venckiene as extraditable and the Secretary of State granted the extradition.”
Snider v. Seung Lee, 584 F.3d 193 (4th Cir. 2009).
· cites it 6× “" 18 U.S.C. § 3184 . If the judicial officer finds sufficient cause, the officer certifies that fact to the Secretary of State and transmits to the Secretary all of the evidence in the proceedings, id.”
United States v. Joseph Patrick Thomas Doherty, 786 F.2d 491 (2d Cir. 1986).
· cites it 7× “1981), with an attempt by the Government to escape from the long held principle that when an extradition magistrate acting under 18 U.S.C. § 3184 1 refus *493 es to certify a person sought to be extradited under an extradition treaty, the Government’s sole recourse is to submit…”
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