U.S. – MEXICO EXTRADITION & LEGAL ASSISTANCE ! U.S. – MEXICO EXTRADITION & LEGAL ASSISTANCE

U.S. DEPARTMENT OF JUSTICE CRIMINAL DIVISION OFFICE OF INTERNATIONAL AFFAIRS (OIA) OIA is responsible for all requests for extraditions or mutual legal assistance to and from other countries “Incoming” Extradition – requests from other countries to the U.S. for return of fugitive “Outgoing” Extradition – requests from the U.S. to other countries for return of fugitive Mutual Legal Assistance (MLA) – requests to and from other countries for evidence to use in criminal cases

U.S. – MEXICO EXTRADITION TREATY (1978) Provides legal requirements for extraditing fugitives to and from Mexico All documents must be translated for submission Two types of requests: - Formal extradition request - Provisional arrest request

INCOMING EXTRADITIONS Requests from Mexico to the United States U.S. Extradition Statute (Title 18, United States Code, Sections 3181 to 3191) Role for U.S. State Department, DOJ/OIA, and federal judge in processing requests

OUTGOING EXTRADITIONS Requests from the United States to Mexico Submitted by DOJ/OIA on behalf of federal and state prosecutors Role for Mexican Foreign Ministry (SRE), Mexican Attorney General’s Office (PGR), and Mexican extradition judge in processing requests

U.S. – Mexico Mutual Legal Assistance Cooperation Treaty (1987) Formal mechanism that allows for the U.S. and Mexico to obtain legal assistance in criminal matters Designates the U.S. Department of Justice and the Mexican Attorney General’s Office (PGR) as the Coordinating Authorities (Central Authorities) Can only be used by prosecutors in connection with criminal investigations/prosecutions

LETTERS ROGATORY Alternative method for obtaining foreign assistance May be used in both civil and criminal matters May be used by/on behalf of defense counsel U.S. State Department website has guidance on preparation of Letters Rogatory: http://travel.state.gov (under “Legal Considerations”)

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