An American or foreign national can be arrested in the United States based on an extradition request from abroad.
1
Referral to Department of Justice
The requesting country will most likely have initiated the extradition by sending a diplomatic request, through its embassy, to the U.S. State Department. The requests are of two types: formal requisitions supported by all documents required under the applicable treaty, or requests for provisional arrest.
The Department of State reviews foreign extradition demands to identify any potential foreign policy problems, to ensure that there is a treaty in force between the United States and the country making the request, and to confirm that the crime or crimes are extraditable offenses. If the request is in proper order, an attorney in the State Department’s Office of the Legal Adviser prepares a certificate attesting to the existence of the treaty, and forwards it with the original request to the Department of Justice Office of International Affairs (OIA).
In the event OIA finds the request sufficient, the matter will be assigned to the appropriate U.S. Attorney’s office.
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Provisional Arrest
The law provides for provisional arrest before a formal extradition request has been received. Although the provisional arrest is made pursuant to the terms of the extradition treaty, there is persuasive authority that such a seizure must comply with constitutional requirement of probable cause. The probable cause determination however, will be limited to the existence of a foreign warrant. There is a strong presumption against the defendant’s release, although the defendant can rebut the presumption on the basis of “special circumstances.”
At the defendant’s arraignment, the requesting country will be given a limited time to submit the formal extradition request supported by all necessary documents. The original documents must be authenticated by the U.S. State Department, and translated into English. The treaty will specify the amount of time for the requesting government to transmit the formal extradition request with documentation, typically from 30 days to three months.
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