18 U.S.C. § 3184

Fugitives from foreign country to United States

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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

Cited in 434 cases (33 in the last 5 years), 1952–2026 · leading case: Jose Munoz Santos v. Linda Thomas

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Jose Munoz Santos v. Linda Thomas (2016) ca9 · 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…”

William Joseph Quinn v. Glen Robinson, United States Marshal for the Northern District of California (1986) ca9 · cites it 8× “REINHARDT, Circuit Judge: Pursuant to 18 U.S.C. § 3184 (1982) and the governing treaty between the United States and the United Kingdom of Great Britain and Northern Ireland (“United Kingdom”), Extradition Treaty of June 8, 1972, United States — United Kingdom, 28 U.”

Wilmer Yarleque Ordinola v. John Hackman, Acting United States Marshal for the Eastern District of Virginia (2007) ca4 · cites it 9× “On June 10, 2005, the magistrate judge, having previously held an extradition hearing pursuant to 18 U.S.C.A. § 3184 (West 2000) and the terms of the Treaty, found that probable cause existed to believe that Ordinola had committed the alleged crimes.”

Skaftouros v. United States (2011) ca2 · 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 (1996) ca2 · 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 (2012) ca9 · 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 (2019) ca7 · 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.”

Ziyad Abu Eain v. Peter Wilkes, United States Marshal for the Northern District of Illinois (1981) ca7 · cites it 7× “Pursuant to an extradition treaty between the United States and Israel, and in accordance with the federal statute governing American extradition procedure, 18 U.S.C. § 3184 , a magistrate in the Northern District of Illinois after a hearing determined that defendant should be…”

Gaspar Eugenio Jimenez Escobedo v. United States of America, Gustavo Castillo v. Donald D. Forsht, U. S. Marshal (1980) ca5 · cites it 7× “§ 3186 19 , the Secretary of State may not surrender any person to a foreign government unless the person has been found extraditable by a magistrate at a hearing held under 18 U.S.C. § 3184 . Executive discretion arises only if the magistrate determines that there is “evidence…”

In Re Extradition of Curtis Andrew Howard. United States of America v. Curtis Andrew Howard (1993) ca1 · cites it 6× “See 18 U.S.C. § 3184 (1988 &, Supp. II 1990);' D.”

Snider v. Seung Lee (2009) ca4 · 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 (1986) ca2 · 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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