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Extradition attorneys in Mexico

Extradition is the procedure by which one State surrenders a person to another country that claims them to prosecute them or enforce a sentence. It is governed by international treaties and the International Extradition Law. If you or a relative face an extradition request, the defense must be immediate.

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International extradition is the act by which Mexico surrenders to a foreign State a person who is in the national territory so that they may be prosecuted or serve a sentence. It rests on two sources: the extradition treaties Mexico has signed, such as the treaty with the United States, and, on a supplementary basis, the International Extradition Law (Ley de Extradicion Internacional). The principle governs that, absent a treaty, surrender is discretionary and subject to reciprocity.

The procedure combines a political-administrative phase in the hands of the Ministry of Foreign Affairs (Secretaria de Relaciones Exteriores, SRE) and a judicial phase before a district judge. The requesting State submits the formal petition through diplomatic channels; the SRE admits it and requests provisional detention for extradition purposes, executed by the Attorney General's Office of the Republic. The claimed person is placed at the disposal of the judge, who opens a file, hears the defense, receives evidence, and issues a legal opinion on whether the treaty's requirements are met.

The law sets limits and exceptions: it is not granted for political offenses, when the person is persecuted for their race, religion, or ideology, when the offense has already prescribed, or when the death penalty may be imposed without a guarantee that it will not be applied. The principles of double criminality and of specialty also govern, the latter preventing the person from being tried for offenses other than those that motivated the surrender.

With the judge's opinion, the SRE issues the final resolution granting or denying extradition. That resolution and the acts of the procedure are challengeable through the amparo trial, which allows the legality of the detention and the surrender to be reviewed before it is carried out.

Governing laws extradition

  • Ley de Extradición Internacional
  • Tratados de extradición suscritos por México (por ejemplo, con Estados Unidos)
  • Constitución Política de los Estados Unidos Mexicanos (artículos 15 y 119)
  • Código Nacional de Procedimientos Penales (aplicación supletoria)
  • Ley de Amparo
  • Convenciones internacionales en materia penal y de derechos humanos

Process and timelines

After provisional detention for extradition purposes, the requesting State has a deadline, usually 60 days under the treaty, to formalize the petition; failing that, release follows. Before the district judge, the claimed person has 20 days to raise defenses and offer evidence. The judge issues an opinion within a few days and the SRE decides. The entire procedure, including amparo, may last from several months to more than a year, with the person generally in detention.

Documents usually required

  • Diplomatic note and formal extradition petition from the requesting State
  • Arrest warrant or judgment of the requesting country, translated
  • File of the provisional detention for extradition purposes
  • ID and immigration documents of the claimed person
  • Evidence establishing identity, prescription, or applicable exceptions
  • Power of attorney or defense designation and, where applicable, consular assistance

How much does it cost?

Given the urgency, the international complexity, and the coordination with lawyers in the requesting country, extradition defense is among the most specialized and is usually quoted by stage: detention, procedure before the judge, and amparo. It may require expert translations and foreign-law experts. Be wary of anyone who promises to prevent the surrender in a guaranteed way, or of intermediaries who offer to intervene before the SRE through informal means.

When do you need this lawyer?

You need an extradition lawyer when you or a relative are detained in Mexico at the request of another country, or when there is an immigration alert or a red notice announcing a surrender request. Also if you reside abroad and Mexico claims a person, or if you need to prevent a detention by challenging the warrant in the requesting country. Action must be immediate: the deadlines run from the provisional detention.

Red flags when hiring

  • Promising to prevent the extradition in a guaranteed way
  • Offering to manage the SRE's decision through informal channels
  • Letting the deadlines to raise defenses before the judge pass
  • Failing to coordinate the defense with lawyers in the requesting country
  • Ignoring principles such as double criminality, specialty, or prescription
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Lawyers for extradition

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Common questions

Frequently asked questions

What does an extradition lawyer do in Mexico?

An attorney specialized in extradition advises and represents individuals and companies in matters governed by this area. In practical terms, it is a matter of federal competence, so it is governed by federal laws and litigated before district courts. Cases are resolved mainly before trial courts. The central applicable law is the International Extradition Law.

Which laws govern extradition in Mexico?

The main applicable provisions are: the International Extradition Law (Ley de Extradicion Internacional); the extradition treaties signed by Mexico (for example, with the United States); the Political Constitution of the United Mexican States (articles 15 and 119); the National Code of Criminal Procedure (applied supplementarily); the Amparo Law (Ley de Amparo); and international conventions on criminal matters and human rights. A lawyer experienced in the field interprets how these rules combine in your specific case and which judicial criteria are relevant.

Can I file an amparo (a constitutional protection remedy) in an extradition matter?

Yes. In extradition matters it is common to resort to the amparo proceeding, governed by the Amparo Law, when an act of authority violates fundamental rights or unconstitutional rules are applied. The amparo has strict deadlines (generally 15 business days), so it is best to act quickly.

How much does it cost to hire an extradition lawyer?

Given the urgency, the international complexity, and the coordination with lawyers in the requesting country, extradition defense is among the most specialized and is usually quoted by stage: detention, procedure before the judge, and amparo. It may require expert translations and foreign-law experts. Be wary of anyone who promises to prevent the surrender in a guaranteed way, or of intermediaries who offer to intervene before the SRE through informal means. Modalidades habituales: igualada mensual, cobro por hora, cuota litis (porcentaje sobre el resultado) o esquemas mixtos. En Letrados.mx nuestros abogados te explican sus honorarios por adelantado.

How urgent is it to address an extradition matter?

An extradition matter usually requires immediate attention, often with strict deadlines of hours or days. If you are within a deadline in your extradition case, don't wait: describe your situation and we will connect you with a lawyer the same day.

What documents do I need for an extradition matter?

Suele pedirse: Diplomatic note and formal extradition petition from the requesting State; Arrest warrant or judgment of the requesting country, translated; File of the provisional detention for extradition purposes; ID and immigration documents of the claimed person; Evidence establishing identity, prescription, or applicable exceptions; Power of attorney or defense designation and, where applicable, consular assistance. No te preocupes si te falta alguno: el abogado te indicará cómo obtenerlo.

I am a foreigner, can an extradition lawyer help me in Mexico?

Yes. In extradition we handle many cases involving foreigners and Mexicans abroad. We can connect you with lawyers who speak English and other languages and who handle cross-border matters, remote procedures, and powers of attorney.

How do I choose a good extradition attorney?

Verify their cédula profesional (professional license) in the SEP's Registro Nacional de Profesionistas (National Registry of Professionals), confirm that they have concrete experience in extradition —being a general attorney is not enough— and ask them to explain the strategy and fees in writing before the courts of first instance. Every extradition attorney at Letrados.mx has a verified cédula profesional.

How long does an extradition case take to resolve?

After provisional detention for extradition purposes, the requesting State has a deadline, usually 60 days under the treaty, to formalize the petition; failing that, release follows. Before the district judge, the claimed person has 20 days to raise defenses and offer evidence. The judge issues an opinion within a few days and the SRE decides. Un abogado de extradición puede darte una estimación realista tras revisar tu caso.

Is the first consultation with an extradition attorney free?

Yes. At Letrados.mx the initial assessment of your extradition case is normally free. Describe your case and a lawyer specializing in extradition will review it and advise you before you decide whether to proceed.

Do you handle extradition cases throughout Mexico?

Yes. We handle extradition cases in all 32 states of Mexico. When you indicate your state and city, we assign you a lawyer who knows the local courts and rules that apply to an extradition matter.

What warning signs should I avoid when hiring for extradition?

Ten cuidado con: Promising to prevent the extradition in a guaranteed way; Offering to manage the SRE's decision through informal channels; Letting the deadlines to raise defenses before the judge pass; Failing to coordinate the defense with lawyers in the requesting country; Ignoring principles such as double criminality, specialty, or prescription. Un abogado serio te da certidumbre por escrito y nunca garantiza resultados imposibles.

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The information on this site is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. For your specific case, schedule a consultation with our lawyers.