§ 3184. Fugitives from foreign country to United States

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Whenever there is a treaty or convention for extradition between the United States and any foreign government, or in cases arising under section 3181(b), any justice or judge of the United States, or any magistrate judge authorized so to do by a court of the United States, or any judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within his jurisdiction, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, or provided for under section 3181(b), issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or magistrate judge, to the end that the evidence of criminality may be heard and considered.

Such complaint may be filed before and such warrant may be issued by a judge or magistrate judge of the United States District Court for the District of Columbia if the whereabouts within the United States of the person charged are not known or, if there is reason to believe the person will shortly enter the United States. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, or under section 3181(b), he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made.

(June 25, 1948, ch. 645, 62 Stat. 822; Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 100–690, title VII, § 7087, Nov. 18, 1988, 102 Stat. 4409; Pub. L. 101–647, title XVI, § 1605, Nov. 29, 1990, 104 Stat. 4843; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104–132, title IV, § 443(b), Apr. 24, 1996, 110 Stat. 1281.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 651 (R.S. § 5270; June 6, 1900, ch. 793, 31 Stat. 656).

Minor changes of phraseology were made.

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§ 631

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June 25, 1948, ch. 645
62 Stat. 822
Pub. L. 90–578, title III, § 301(a)(3)
82 Stat. 1115
Pub. L. 100–690, title VII, § 7087
102 Stat. 4409
Pub. L. 101–647, title XVI, § 1605
104 Stat. 4843
Pub. L. 101–650, title III, § 321
104 Stat. 5117
Pub. L. 104–132, title IV, § 443(b)
110 Stat. 1281
June 6, 1900, ch. 793
31 Stat. 656
Pub. L. 104–132
Pub. L. 101–647
Pub. L. 100–690
Pub. L. 90–578
section 321 of Pub. L. 101–650
section 403 of Pub. L. 90–578

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cites case law

§ 3184

Fugitives from foreign country to United States

U.S.C.×4

Stat.×3

Fed. Reg.×2

U.S.C.§ 631

ActJune 25, 1948, ch. 645

Stat.62 Stat. 822

Pub. L.Pub. L. 90–578, title III, § 301(a)(3)

Stat.82 Stat. 1115

Pub. L.Pub. L. 100–690, title VII, § 7087

Cites 21 · showing 6Cited by 9 across 3 sources