18 U.S.C. § 3187
Provisional arrest and detention within extraterritorial jurisdiction
The provisional arrest and detention of a fugitive, under sections 3042 and 3183 of this title, in advance of the presentation of formal proofs, may be obtained by telegraph upon the request of the authority competent to request the surrender of such fugitive addressed to the authority competent to grant such surrender. Such request shall be accompanied by an express statement that a warrant for the fugitive’s arrest has been issued within the jurisdiction of the authority making such request charging the fugitive with the commission of the crime for which his extradition is sought to be obtained.
No person shall be held in custody under telegraphic request by virtue of this section for more than ninety days.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1991–2025 · leading case: Matter of Extradition of Mainero
Matter of Extradition of Mainero (1997)
“The request for a provisional arrest is based, in significant part, upon the existence of a warrant for the fugitive's arrest issued in the district of the authority making the request and charging the fugitive with a commission of crime for which his extradition is sought to be…”
In Re the Extradition of Orozco (2003)
“The Court FURTHER FINDS that the provisional arrest warrant, Complaint and extradition of Defendant pursuant to the extradition treaty between the United States and Mexico, signed May 4, 1978, 31 UST 5059, are so inextricably intertwined that dismissal of the subject arrest…”
Giancarlo Parretti v. United States (1997)
“See 18 U.S.C. § 3187 . Individuals have in fact been incarcerated for periods of years awaiting a final determination as to extradition.”
Kapoor v. DeMarco (2025)
“Department of Justice and Italian Ministry of Justice, including through the communication facilities of the International Criminal Police Organization (Interpol)); see also 18 U.S.C. § 3187 (authorizing provisional arrest and detention).”
Giancarlo PARRETTI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee (1997)
“See 18 U.S.C. § 3187 . Individuals have in fact been incarcerated for periods of years awaiting a final determination as to extradition.”
Matter of Extradition of Heilbronn (1991)
“The present case, of course, is not a provisional arrest situation, since a formal extradition request was presented by the State of Israel, along with a substantial amount of evidence offered in support of its claims.”
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.