Extradition from Mexico to the USA

Many countries are coming together to fight crime by entering into agreements on international extradition. It allows for the identification, apprehension, and return of a criminal who has committed a serious offense from the country where they are hiding back to the country where the crime was committed, for trial or to serve their sentence. In the case of extradition from Mexico to the USA, this is particularly relevant due to the proximity of the borders between the two countries and the large number of cases related to drug trafficking, corruption, and other serious crimes.

Mexico’s extradition to US and from the USA to Mexico is carried out based on close cooperation and international agreements. Let’s take a look what is extradition, how the extradition system works between these countries, and what laws govern this process.

The Mexico extradition process is governed by several key legal documents. Among them are the Constitution of Mexico, the Federal Law on International Cooperation in Criminal Matters, as well as various bilateral and multilateral treaties signed with other countries.

But does the Mexican government have an extradition treaty with the US?

Yes, such an agreement exists to allow these countries to actively cooperate in combating crime. The process is handled through the U.S. Justice Department’s Office of International Affairs and Mexico’s judicial system through the Ministry of Foreign Affairs. However, the process of transferring individuals is always accompanied by strict legal checks.

Mexico cooperates with more than 30 countries, including the US, Canada, Spain, the United Kingdom, France, Germany, Italy, and Australia. There are also agreements with Latin American states such as Argentina, Brazil, Colombia, and Chile.

Extradition between the United Mexican States and countries with which it has extradition treaties is possible only for certain categories of crimes. These crimes must be sufficiently serious and criminally punishable in both countries (the principle of “dual criminality”). Among these crimes, the following can be highlighted:

The main principle of extradition is the protection of human rights. That means that Mexico can refuse to have a Mexican or foreign national extradited if the requesting country has the death penalty or there is a threat of torture.

An important condition remains the adherence to the principle of “dual criminality”. This means that the crime for which extradition is requested must be criminally punishable both in Mexico and in the requesting country.

Mexican laws governing extradition are based on the country’s Constitution, the Federal Law on International Cooperation in Criminal Matters (Ley de Cooperación Internacional en Materia Penal), and the National Code of Criminal Procedure (Código Nacional de Procedimientos Penales). These legal statutes define the rules and procedures for interaction with other countries regarding extradition. The laws protect the rights of suspects and the accused.

International treaties play a crucial role. The primary document governing extradition from Mexico to the USA is the Extradition Treaty between the USA and Mexico, signed in 1978. This treaty details the conditions under which a suspect can be extradited to the other party.

According to the treaty between Mexico and the USA, both countries are required to provide each other with all necessary information for considering cases of extradition from Mexico. However, even with an agreement in place, the extradition process can be lengthy due to the need to follow all legal procedures and thoroughly review the evidence presented.

Although Mexico has extradition agreements with most major countries, there are nations with which it does not have such treaties.

Which Countries Have No Extradition:

When there is no formal agreement between countries, the process of extraditing a suspect becomes significantly more complicated. In such instances, Mexican authorities may consider extradition based on the principle of reciprocity. This requires additional diplomatic efforts and does not guarantee a successful outcome.

The absence of an extradition treaty means that a country has more opportunities to refuse the handover of a Mexican national. This is particularly relevant in situations where the request comes from a country with a less developed legal system or where human rights violations are possible.

Next, the case is taken to court. The judge reviews the request and determines whether it meets the requirements of the law. Special attention is given to human rights. For example, if the requesting country has the death penalty for the crime in question, Mexico will refuse extradition, as the death penalty is prohibited in the country.

If the court issues a favorable decision, the final say remains with the Ministry of Foreign Affairs. It makes a political decision based on international relations and national interests. Only after this is the individual handed over to the requesting party.

The process can take months or even years. Delays can be caused by the complexity of the case, a lack of evidence, or numerous appeals from the suspect. The accused person has the right to defend themselves, hire lawyers, and appeal court decisions.

Cooperation between Italy and Mexico in the fight against transnational crime includes an extradition mechanism. The bilateral agreement signed by the states defines the legal framework and conditions for the mutual extradition of criminals.

In addition to the bilateral agreement, the parties also rely on the Interpol charter and multilateral conventions (UN, Organization of American States, etc.), which establish general principles of human rights and the inadmissibility of extradition in cases of threats of the death penalty or torture.

In accordance with the extradition agreement, the key decision on extradition in Italy and Mexico is made by judicial authorities. Prosecutors, judges, or relevant bodies must ensure that the request complies with the terms of the treaty and protects the rights of the accused. The official request is sent through the Ministry of Justice or the Ministry of Foreign Affairs of the requesting country to the Ministry of Justice (or the General Prosecutor’s Office) of the state where the suspect is located. The court verifies whether there is indeed an arrest warrant, an enforceable verdict, or other legal grounds supporting the charges. The presence of sufficient evidence is a key requirement for extradition.

If you need consultation or legal support in matters of international search and extradition, our company is ready to provide comprehensive legal assistance. We are well acquainted with the specifics of agreements, take into account local and international laws, and will help protect rights and interests at every stage of the procedure.

Canada and Mexico have signed an official extradition treaty in the context of deepening North American cooperation, against the backdrop of NAFTA and other regional initiatives. Both states are participants in multilateral agreements, which additionally regulate extradition issues and interaction with Interpol. Domestic laws (the Criminal Procedure Code of Mexico, Canada’s Extradition Act) detail the procedure and mechanisms for judicial review.

The agreement is aimed at strengthening the fight against transnational crime. It also enshrines the principles of human rights protection to prevent abuses.

The case of Raúl Carmona is a high-profile extradition case between Canada and Mexico. Accused by Mexican authorities of fraud and tax evasion, he resided in Canada for some time. Mexico submitted an extradition request with copies of the arrest warrant and evidence of criminal activity. Canadian courts deemed the evidence sufficient and decided on extradition.

Lidia Mejía was accused of involvement in illegal drug trafficking in Mexico and was hiding in Canada. The defense tried to prove that her prosecution had a political undertone (in connection with certain local conflicts). However, the Canadian court did not find any political motive. After reviewing the appeals, a decision was made to extradite her. Mejía was transferred to Mexico for further legal proceedings.

Sebastian Lopez was suspected of serious crimes against individuals committed in Mexico. During border control, Lopez was arrested after information was found in the Interpol database. He tried to challenge the legality of the request, pointing to possible human rights violations in a Mexican prison. The Canadian court demanded official assurances from Mexico regarding compliance with standards. After these were provided, Lopez was extradited.

The extradition agreement defines the grounds for extradition. The crime for which extradition is requested must be recognized as criminally punishable in both jurisdictions. The minimum threshold for punishment is 1 year of imprisonment. Minor offenses are not considered within the framework of extradition. Extradition does not occur if the person has already served a sentence or was acquitted for the same act in another country. Double jeopardy for the same crime is prohibited. The person for whom the request has been made has the right to use a lawyer, contest the extradition, and file an appeal up to the highest courts.

Henry Jimenez, suspected of large-scale fraud, was detained in the United Kingdom at Mexico’s request. Mexican law enforcement claimed that he organized a money laundering scheme, causing significant damage to the financial system. During court hearings in London, Jimenez’s lawyers cited insufficient evidence and the risk of an unfair trial in Mexico. However, the British court acknowledged the validity of the charges. After an appeal, extradition was approved, and Jimenez was handed over to Mexican authorities.

Rodolfo Lopez was wanted by Mexico on charges of murder and organizing a criminal group. He was detained in one of the cities in the United Kingdom, where he was living under an assumed name. The Mexican side provided photographs, witness testimonies, and investigation materials indicating his involvement in the committed crime. Rodolfo Lopez was extradited to Mexico for trial.

In Germany, the extradition procedure is regulated by the Law on International Mutual Legal Assistance (IRG), as well as provisions of the Constitution and criminal procedural legislation. In Mexico, the Criminal Procedure Code and the Constitution are in effect, which include provisions on the extradition of foreigners and challenging extradition. Both countries are members of Interpol, which facilitates the exchange of information on wanted persons and speeds up initial detention.

The crime for which the person is being sought must be considered criminally punishable under the laws of both Germany and Mexico. The agreement applies to acts that provide for a minimum imprisonment (of at least one year). If the matter concerns purely political persecution or military statutory offenses, extradition is not carried out.

The request is sent through the ministries of justice or the Ministry of Foreign Affairs of the respective country. If the court recognizes the extradition as lawful, the final decision is made by the executive authority (in Germany – the government, in Mexico – the Attorney General’s Office or the presidential administration). The individual can appeal the court’s decision on extradition, up to the highest judicial instances, citing human rights violations or non-compliance with the agreed terms of the treaty.

During the validity of the agreement, several well-known cases of extradition occurred, which became indicative in the field of legal cooperation. A citizen of Mexico, Gustavo P. (last name not disclosed in open sources), was wanted by Mexican authorities in 2005 on charges of fraud and large-scale tax evasion. He was residing in Hamburg, attempting to evade Mexican justice. German police detained him after receiving a Red Notice. Following the appeals procedure, Gustavo P. was extradited to Mexico.

A citizen of Mexico, Ricardo Nunez, was suspected of complicity in murder and participation in an organized criminal group. According to the investigation, he fled to Germany to avoid arrest. German law enforcement received information from Interpol about an international search. Nunez was located and detained in Frankfurt am Main. The defense claimed that Mexican officials were acting out of personal animosity. However, the German court did not find the arguments convincing.

The agreement is based on universally accepted principles of international criminal law, including respect for human rights, the prohibition of persecution on political grounds, and the requirement of “double criminality” (the act must be considered a crime in both Spain and Mexico). The main objective is to ensure the inevitability of punishment for individuals attempting to hide in another country and to simplify cooperation between the law enforcement agencies of both states while ensuring the protection of the fundamental rights of the accused.

Let us consider several high-profile extradition cases. Juan Pablo Ortiz was wanted by Mexican authorities on suspicion of involvement in large-scale drug trafficking and money laundering. For some time, he lived in Spain using forged documents. Spanish police detained Ortiz after receiving a request from Mexico and the publication of an Interpol red notice. The court reviewed the evidence and concluded that the crime falls under the agreement’s jurisdiction.

The surname Guzmán is well-known in the context of Mexican drug cartels. According to the Mexican prosecutor’s office, Alfredo was involved in drug smuggling operations. Interpol issued notices, and Spanish authorities arrested Guzmán upon entering the country. After several months of review and appeals, Guzmán was extradited to Mexico and appeared before a local court on drug trafficking charges.

If you are faced with extradition issues, our company is ready to provide full legal assistance, including case analysis, court defense, and interaction with government authorities.

The extradition agreement between the UAE and Mexico was signed in 2015. After the conclusion of the treaty, both parties underwent the ratification procedure, which allowed the document to come into legal force. Both countries are members of Interpol, which provides the opportunity to exchange information about wanted persons and promptly detain them for further verification.

The agreement establishes the basic principles of extradition between countries. Firstly, the act for which the person is accused must be recognized as a criminal offense in both jurisdictions. The minimum threshold for punishment is 1 year of imprisonment. If the crime is of a political nature or the prosecution is motivated by political reasons, extradition is denied. Mexico, like the UAE, guarantees the protection of the rights of the accused. If there is a threat of torture or other degrading treatment, extradition may be refused.

Mexican law enforcement was searching for Jose Ramirez for involvement in a large-scale money laundering scheme and financial fraud. It was believed that he was hiding in the UAE, taking advantage of local offshore financial instruments. After an Interpol notice and an official request from Mexico, Ramirez was detained in one of the Emirates. A UAE court deemed the evidence sufficient to confirm the severity of the charges.

In Russia, the issue of extradition is regulated by the Constitution of the Russian Federation, the Criminal Procedure Code, and the law “On International Treaties.” In Mexico, it is regulated by the Constitution, the Criminal Procedure Code, and relevant acts of the General Prosecutor’s Office. Both states are parties to many multilateral agreements, which strengthens cooperation in the criminal-legal sphere. The main goal of an extradition agreement is to ensure the inevitability of punishment, prevent suspects from hiding in another country, and enhance security levels by combining law enforcement resources in combating transnational crime.

Mexican citizen Fabian Gutierrez was wanted for involvement in drug trafficking and organizing a criminal group engaged in kidnapping. The Attorney General’s Office of Mexico, together with Interpol, sent documents to Russia with evidence of Gutierrez’s involvement in criminal activities. Gutierrez was arrested by police in Moscow. During the court proceedings, his lawyers argued that Mexico could not guarantee safe conditions in prisons.

A citizen of Russia, Alexey Ivanov, was accused of corruption schemes in the conclusion of contracts in the IT sector. It is believed that part of the proceeds he laundered in Mexico. After the decision of the appellate instance, Ivanov was extradited to Russia, where he appeared before the court.

If you are faced with extradition issues, our company is ready to provide full legal support. We specialize in matters of international criminal law and have experience interacting with both Russian and Mexican justice authorities.