HWG LLP attorneys Jonathan Baum and Joy Holden provide an overview of the United States’ extradition framework in an article written for Global Investigations Review (GIR).
The article outlines the statutory and treaty foundations of U.S. extradition. It describes the typical procedural path, from complaint and arrest to judicial review and the Secretary of State’s final decision.
Jonathan and Joy explain that extradition starts with a federal prosecutor’s complaint. While a magistrate judge will conduct a hearing to assess the complaint, ultimately, the Secretary of State has the final say on extraditability and can consider diplomatic, humanitarian, and political factors.
The authors go on to highlight the narrow procedures for contesting extradition. Defendants face a presumption against bail, limited discovery, and hearings that do not address the underlying charges. Effective defense will combine litigation over treaty requirements with diplomatic efforts. The authors conclude that extradition cases are rarely won on the underlying allegations, but rather through procedural vulnerabilities and legal or diplomatic strategies. Learn more here.
This article was first published on Global Investigations Review in February 2026; for further in-depth analysis, please visit GIR The Practitioner’s Guide to Global Investigations – Edition 10.”
About Global Investigations Review
Global Investigations Review (GIR) is a leading international publication that provides news, analysis, and expert commentary on corporate investigations, enforcement actions, and compliance developments worldwide. It regularly publishes Insight articles authored by practitioners, academics, and investigators, offering in-depth perspectives on emerging trends and legal frameworks affecting cross-border investigations and enforcement.