- Location: The country in which the fugitive is
believed to be located, and his or her address there, if known. As noted
generally extradition is not available unless there is a treaty in force
the United States and the country where the fugitive is located.
- Citizenship: The citizenship of the fugitive, including in
particular whether he or she is a dual citizen. Many countries will not
extradite their own citizens.
- Offense Charged: The crime with which the fugitive has been
charged or of which he or she has been convicted. Some extradition treaties
limit extradition to offenses specified in the treaty. The more recent
allow extradition in any case where the conduct is criminal and punishable
felony in both countries. In either event, OIA must know the offense to
determine whether an individual is extraditable.
- Docket Information: The name of the court in which the
proceeding is pending or was concluded, the docket number of the case, and
name of the judge or magistrate who signed the warrant or judgment of
- Current Status of Case: Whether and when a warrant was
an indictment returned, a complaint filed, or the defendant was convicted.
- Facts of Offense: The facts of the case in brief, i.e., who
what to whom, when, and where. The date of the offense is needed because
treaties bar extradition in cases where the foreign statute of limitations
run. The place of the offense is also essential since some treaties exclude
extradition in cases where the United States asserts extraterritorial
- Potential for Trial or Retrial: If the fugitive has not been
convicted, confirmation that the case is triable, i.e., that all necessary
witnesses and evidence are still available and that the substantial costs
involved in completing an extradition request are justified by the nature of
- Time constraints in the preparation of Extradition documents:
Affiant's unavailability, difficulties in gathering supporting
complexity of the extradition case may be a factor in determining whether to
proceed first as an urgent provisional arrest or a formal, fully documented
extradition request. In a provisional arrest situation, a treaty deadline
make it impossible to prepare the necessary documentation and have it