<P> Generally under United States law (18 U.S.C. § 3184), extradition may be granted only pursuant to a treaty . Some countries grant extradition without a treaty, but every such country requires an offer of reciprocity when extradition is accorded in the absence of a treaty . Further, the 1996 amendments to 18 U.S.C. 3181 and 3184 permit the United States to extradite, without regard to the existence of a treaty, persons (other than citizens, nationals or permanent residents of the United States) who have committed crimes of violence against nationals of the United States in foreign countries . </P> <P> All extradition treaties in force require foreign requests for extradition to be submitted through diplomatic channels, usually from the country's embassy in Washington to the Department of State . Many treaties also require that requests for provisional arrest be submitted through diplomatic channels, although some permit provisional arrest requests to be sent directly to the Department of Justice . The Department of State reviews foreign extradition demands to identify any potential foreign policy problems and to ensure that there is a treaty in force between the United States and the country making the request, that the crime or crimes are extraditable offenses, and that the supporting documents are properly certified in accordance with 18 U.S.C. § 3190 . 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, that the crime or crimes are extraditable offenses, and that the supporting documents are properly certified in accordance with 18 U.S.C. § 3190, and forwards it with the original request to the Justice Department's Office of International Affairs ("OIA"). </P> <P> Once the OIA receives a foreign extradition request, it reviews the request for sufficiency and forwards sufficient requests to the United States Attorney's Office for the judicial district in which the fugitive is located . The U.S. Attorney's office then obtains a warrant, and the fugitive is arrested and brought before the magistrate judge or the US district judge . The government opposes bond in extradition cases . Unless the fugitive waives his or her right to a hearing, the court will hold a hearing pursuant to 18 U.S.C. § 3184 to determine whether the fugitive is extraditable . If the court finds the fugitive to be extraditable, it enters an order of extraditability and certifies the record to the Secretary of State, who decides whether to surrender the fugitive to the requesting government . OIA notifies the foreign government and arranges for the transfer of the fugitive to the agents appointed by the requesting country to receive him or her . Although the order following the extradition hearing is not appealable (by either the fugitive or the government), the fugitive may petition for a writ of habeas corpus as soon as the order is issued . The district court's decision on the writ is subject to appeal, and the extradition may be stayed if the court so orders . </P> <P> Habeas corpus is a legal procedure initiated by an individual to test the legality of his detention by the government . To benefit from habeas corpus, the affected person, or someone on his behalf, must file a petition for relief before a court with jurisdiction . The procedure is contained in 28 U.S.C. § 2241 et . seq . When the habeas petition contests the decision of an extradition magistrate, the individual must argue that his detention and surrender to a foreign country violates the United States Constitution, the applicable extradition treaty, or a federal statute . </P>

Countries that have extradition treaties with the us