Title 18, Crimes and Criminal ProcedureRelease 119-102
§3188 Time of Commitment Pending Extradition
Title 18 › PART II — CRIMINAL PROCEDURE › CHAPTER 209 — EXTRADITION › § 3188
Summary
If someone is being held to be sent to another country and they are not actually sent out of the United States within two calendar months (not counting the time needed to move them out by the quickest route), a U.S. or state judge can order their release. The person or someone for them must ask the judge and show they gave reasonable notice to the Secretary of State, and the judge will only refuse release if a good reason is shown to keep them in custody.
Full Legal Text
Title 18, §3188
Crimes and Criminal Procedure, Source: USLM XML via OLRC
Whenever any person who is committed for rendition to a foreign government to remain until delivered up in pursuance of a requisition, is not so delivered up and conveyed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, may order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., § 654 (R.S. § 5273). Changes in phraseology only were made.
Reference
Citations & Metadata
Citation
18 U.S.C. § 3188
Title 18, Crimes and Criminal Procedure
Last Updated
Aug 21, 2026
Release point: 119-102