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Title 18 — Crimes and Criminal ProcedureRelease 119-73not60

§3188 Time of Commitment Pending Extradition

Title 18 › Part II— CRIMINAL PROCEDURE › Chapter 209— EXTRADITION › § 3188

Last updated Apr 5, 2026|Official source

Summary

A federal or state judge can order the release of a person who is being held to be sent to another country if that person is not sent out of the United States within two calendar months, not counting the time needed to move them from jail to the exit by the quickest route. The person (or someone for them) must ask the judge and show they gave reasonable notice to the Secretary of State. The judge must release the person unless the government shows a good reason to keep them.

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

Apr 5, 2026

Release point: 119-73not60