Submissions

  • The Secretary of State is the U.S. official responsible for determining whether to surrender a fugitive to a requesting state. Pursuant to 18 U.S.C. §§ 3186 and 3188, the Secretary or his designee makes this determination after a U.S. magistrate or district court judge transmits to the Department a certification of extradition finding that the fugitive’s extradition would be lawful under the pertinent extradition treaty and applicable U.S. law.
  • In determining whether a fugitive should be extradited, the Secretary may consider issues properly raised before the extradition court or a habeas court as well as any humanitarian or other considerations for or against surrender, including whether surrender may violate the United States’ obligations under the Convention Against Torture. See 22 C.F.R. 95.1 et seq. The Secretary also will consider any written materials submitted by the fugitive, his or her counsel, or other interested parties.
  • L/LEI is the proper recipient for such submissions, which may be made via electronic mail to Extradition@state.gov or in hard copy addressed to:
    • U.S. Department of State
      Office of the Legal Adviser for Law Enforcement and Intelligence (L/LEI)
      Room 5419
      2201 C Street, N.W.
      Washington, DC 20520
  • For hard copy submissions, L/LEI encourages the use of an express delivery service that offers online tracking and delivery confirmation. Packages submitted through such services generally arrive within two days, while standard mail can take two weeks or more to reach the intended destination.
  • To facilitate the Secretary’s timely consideration, materials should be submitted to L/LEI as soon as possible and generally no later than thirty days following the issuance of the certification of extradition.
  • Questions concerning the submission process should be directed to the L/LEI paralegal specialist who covers the requesting state, and may be delivered by electronic mail to Extradition@state.gov or by telephone to (202) 647-5111.

U.S. Department of State

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