18 U.S.C. § 3186
Secretary of State to surrender fugitive
The Secretary of State may order the person committed under sections 3184 or 3185 of this title to be delivered to any authorized agent of such foreign government, to be tried for the offense of which charged.
Such agent may hold such person in custody, and take him to the territory of such foreign government, pursuant to such treaty.
A person so accused who escapes may be retaken in the same manner as any person accused of any offense.
Notes of Decisions
Cited in 84
cases (10 in the last 5 years), 1960–2025 · leading case: Jose Munoz Santos v. Linda Thomas, 830 F.3d 987 (9th Cir. 2016).
Jose Munoz Santos v. Linda Thomas, 830 F.3d 987 (9th Cir. 2016). “THOMAS If the extradition court determines that there is probable cause to extradite, it enters an order certifying extradition to the Secretary of State, who ultimately decides whether to surrender the individual to the requesting state.”
Avelino Cruz Martinez v. United States, 828 F.3d 451 (6th Cir. 2016). “18 U.S.C. § 3186 ; see Nezirovic v. Holt, 779 F.”
Wilmer Yarleque Ordinola v. John Hackman, Acting United States Marshal for the E. Dist. of Virginia, 478 F.3d 588 (4th Cir. 2007). “18 U.S.C.A. § 3186 (West 2000). Thus, before extradition can take place, an applicable treaty must exist, and the suspect must be able to challenge application of the treaty by both judicial and executive review.”
William Joseph Quinn v. Glen Robinson, United States Marshal for the N. Dist. of California, 783 F.2d 776 (9th Cir. 1986). “Although the Secretary of State’s authority to refuse extradition is presumably constrained by our treaty obligations, the contours of executive branch discretion in this area have never been expressly delineated. Bassiouni, supra p. 4, at 756 ([“TJhe statute should probably be…”
United States v. Balsys, 524 U.S. 666 (1998). “See 18 U. S. C. § 3186 ("Secretary of State may order" extraditable person "delivered to .”
United States v. Lui Kin-Hong, A/K/A Jerry Lui, 110 F.3d 103 (1st Cir. 1997). “See 18 U.S.C. § 3186 (“The Secretary of State may order the person committed under section[ ] 3184 .”
Gaspar Eugenio Jimenez Escobedo v. United States of Am., Gustavo Castillo v. Donald D. Forsht, U. S. Marshal, 623 F.2d 1098 (5th Cir. 1980). “Under 18 U.S.C. § 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.”
Reza Emami v. United States Dist. Court for the N. Dist. of California, Fed. Repub. of Germany, Real Party in Interest, 834 F.2d 1444 (9th Cir. 1987). “The Escobedo court aptly quoted the Fourth Circuit: The need for flexibility in the exercise of Executive discretion is heightened in international extradition proceedings which necessarily implicate the foreign policy interests of the United States.”
Van Cauwenberghe v. Biard, 486 U.S. 517 (1988). “354 (1900), nor the relevant federal statutes governing extradition matters, see 18 U. S. C. §§ 3186 , 3192, deal explicitly with the protection of an extradited person from civil suit.”
Ramiro Cornejo-Barreto v. W.H. Siefert, Warden of the Metro. Det. Ctr., 379 F.3d 1075 (9th Cir. 2004). “18 U.S.C. § 3186 . 2 The Secretary decided to extradite Cornejo-Barreto.”
Moyer Reed Plaster v. United States, 720 F.2d 340 (4th Cir. 1983). “See 18 U.S.C. § 3186 (“The Secretary of State may order the person .”
Samuel Shapiro v. Thomas E. Ferrandina, United States Marshal for the S. Dist. of New York, 478 F.2d 894 (2d Cir. 1973). “While we have no doubt that the Secretary of State could, if he wished, narrow the terms of extradition approved by the magistrate, see 18 U.S.C. § 3186 , 11 we see little reason why a prior judicial determination would be viewed by him as an unwanted intrusion upon executive…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.