EXTRADITION AND TRANSNATIONAL DEFENSE NEWS: Extradition: US and Mexico Engage in Talks

Tuesday, November 3, 2009

Extradition: US and Mexico Engage in Talks

BBC News, November 2, 2009." Mexico's attorney general is meeting his American counterpart in Washington, a day after the US announced a record number of extraditions from Mexico.
Arturo Chavez and US Attorney General Eric Holder are expected to discuss further co-operation in the extradition of suspected criminals to the US. Eleven fugitives were transferred over the Mexican border on Sunday, bringing the total extradited this year to 100. "

Extradition Law Basics for Criminal Defense Lawyers

Criminal defense attorneys will discover that extradition law issues have an increasing relevance to their practice. Not infrequently, foreign nationals who have criminal charges pending abroad are found and arrested in the United States for extradition. Similarly, a growing number of the foreign nationals who are being prosecuted in American courts have been brought to the United States through the extradition process.

Defending an Extradition from the United States (Part I).

Generally, in the absence of an extradition treaty, there is no duty to extradite. The extradition of an alleged criminal from within the United States to a foreign country is governed by the relevant extradition treaty, the procedures as set forth in 18 U.S.C. § 3181 et seq, and principles of customary international law. The extradition treaty, as a duly ratified treaty entered into by the United States, is federal law pursuant to U.S. CONST. art. VI. § 2. “Each extradition treaty between the United States and a foreign nation is sui generis, and as a contract between two sovereigns, sets forth its own law.” It is essential for counsel to have an accurate copy of the relevant extradition treaty, and any protocols that may have amended the original treaty or extradition convention. Each extradition treaty has been negotiated separately, some treaties are much older than others, and each treaty may be worded differently. For a list of all treaties in force, see http://www.state.gov/s/l/treaty/treaties

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Tuesday, November 3, 2009

Extradition: US and Mexico Engage in Talks

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