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MEXICO EXTRADITION · PROCESS · WAIVING · WHAT HAPPENS NEXT

US extradition from Mexico is treaty law - and we fight treaty law.

When the United States seeks your return from Mexico, prosecutors lean on the 1978 bilateral treaty - but Mexican courts still review dual criminality, specialty, and human rights. NYC extradition defense counsel, unafraid of fighting, available 24/7.

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THE BRIEFING · MEXICO EXTRADITION

If the United States is seeking you from Mexico, the 1978 bilateral extradition treaty is the skeleton of the case - but Mexican process still decides how much flesh gets put on it. A Juez de Distrito reviews legality first. The Secretaría de Relaciones Exteriores (SRE) then weighs the diplomatic surrender package, including death-penalty assurances when US law allows capital exposure. Spodek Law Group P.C. owes loyalty to only YOU - not DEA, not the US Attorney, not anyone selling a quick flight north. Amparo practice can still interrupt a sloppy record. When you call, you get a risk-free consultation. Call 212 300 5196 - attorney on call, 24/7.

Juez de Distrito first - SRE second - two different fights.

Mexico does not treat US extradition as an embassy errand. A federal district judge tests dual criminality, identity, documentation, and treaty fit. Only after that judicial filter does SRE decide diplomatic surrender. Evidence gaps and specialty problems belong in the courtroom record. Assurances, timing, and foreign-policy posture belong at SRE. Build both tracks or you will argue the wrong defects to the wrong decision-maker while custody clocks run.

Nationality is discretionary - not a citizenship lottery ticket.

Mexican nationality can support a discretionary refusal under the 1978 framework, but citizens still get extradited. Families hear myths that a Mexican passport ends the case. It does not. Prosecutors also push domestic prosecution narratives when nationality arguments dominate the file. Fix citizenship as of the charged conduct, map any dual status, and decide whether nationality is leverage or distraction before someone markets it as an automatic shield.

Death-penalty assurances and human-rights overlays are live issues.

When a US theory carries capital exposure, Mexico typically demands assurances that the death penalty will not be imposed or carried out. Assurances language is not ornamental. Overbroad murder, drug kingpin, or racketeering wrappers can reopen assurance fights midstream. Amparo challenges often press fairness, detention conditions, and whether the US package actually matches Mexican offenses. We treat assurances and amparo as strategy tools, not afterthoughts.

Narcotics, laundering, and firearms packages from Mexico corridors.

US requests commonly stack Title 21 conspiracies, money laundering, and firearms counts across SD Texas, SD California, SD Florida, and SDNY. Creative federal theories travel farther on paper than they do under Mexican dual-criminality review. We attack wrappers that invent crimes Mexican law would not recognize in similar form while Mexican counsel tests document quality, translation gaps, and identity mistakes in the Juez de Distrito hearing.

Do not waive Mexican review to look cooperative.

Agents love voluntary-return scripts - come north, clear this up, face it like an adult. That script ends judicial and SRE leverage before either stage does real work. Statements to DEA or FBI in Mexican custody become US exhibits. You need Mexican counsel for the district-court and amparo fight, and US counsel for the indictment waiting after wheels down. Spodek Law Group P.C. coordinates both under one strategy from day one.

GENERAL INFORMATION, NOT LEGAL ADVICE. YOUR FACTS DECIDE EVERYTHING - AND THE CONSULTATION IS RISK-FREE. Skip reading - just call →
THE PROCESS · MEXICO

How US extradition from Mexico actually works.

This is the Mexican sequence - not a generic overview. Regardless of how complicated your case is, understanding where you are in these eight phases helps you avoid signing away defenses before counsel arrives.

PHASE 01
01.

US indictment or charging decision targeting Mexico

Federal prosecutors often build drug trafficking and money laundering theories in SD Texas, SD California, SD Florida, and SDNY before asking Mexico to surrender you. That US case does not wait while you fight abroad.

PHASE 02
02.

Red notice, Interpol, or diplomatic contact in Mexico

The US circulates notices or contacts Mexican authorities under the US-Mexico Extradition Treaty (1978). A red notice is not surrender - but it can trigger arrest, travel blocks, or bank freezes while the formal request is prepared.

PHASE 03
03.

Provisional arrest in Mexico

Many requests start with temporary custody at a border, hotel, or workplace. Mexican police read local rights - not US Miranda. This is when waiver paperwork and voluntary return offers appear.

PHASE 04
04.

Formal US extradition request filed

The United States submits charging documents through diplomatic channels. Mexican federal courts and Ministry of Foreign Affairs (SRE) checks whether the packet satisfies the US-Mexico Extradition Treaty (1978) - dual criminality, specialty, identity, and probable cause under Mexican law.

PHASE 05
05.

Extradition hearing in Mexico

This is the main fight abroad. Mexican counsel challenges the US request while our US team attacks the indictment in SD Texas, SD California, SD Florida, and SDNY. Hearings can take months. Bail rules depend on Mexico law.

PHASE 06
06.

Executive or ministerial surrender decision

Even after a court orders committal, Mexico may require final executive or ministerial approval. Human rights, specialty, and diplomatic pressure can still matter - unless you waived those challenges.

PHASE 07
07.

Transport from Mexico to the United States

If surrender is approved or you waived extradition, US Marshals arrange transport. You land in federal custody - often in SD Texas, SD California, SD Florida, and SDNY where the drug trafficking case was filed.

PHASE 08
08.

US arraignment and federal case

Detention hearing, discovery, motions, plea talks, or trial. Our only objective is dismissed or significantly diminished. If US counsel worked before transport from Mexico, you are not starting from zero.

WAIVING EXTRADITION · MEXICO

Pros and cons of waiving extradition from Mexico.

In Mexico, surrender runs through federal courts and the Ministry of Foreign Affairs (SRE). Agents may push waiver or voluntary return paperwork in custody - that bypasses Mexican review of dual criminality and human rights under the 1978 treaty. Unlike other law firms more focused on their relationship with prosecutors, we owe loyalty to only YOU - and we will tell you when fighting in Mexico is better than waiving.

POSSIBLE PROS · MEXICAN
  • +May shorten time in Mexican federal custody if US counsel and plea strategy are already mapped
  • +Useful when the US case is in SD Texas or SD California and local Mexican counsel confirms surrender is likely anyway
  • +Faster resolution when delay in Mexico custody harms your family, business, or health
  • +US trial counsel in SD Texas, SD California, SD Florida, and SDNY can be fully in place before you leave Mexico
  • +May support a cooperation or sentencing narrative if that is the agreed strategy with US counsel
SERIOUS CONS · MEXICO
  • You lose SRE and federal court challenges to overbroad US drug and money laundering theories
  • Statements to DEA or FBI in Mexico are often recorded and used in US conspiracy cases
  • You give up Mexican court challenges at Mexican federal courts and Ministry of Foreign Affairs (SRE) - dual criminality, specialty, and human rights
  • Agents and prosecutors may treat waiver as weakness - not a guaranteed better deal
  • Statements before or during waiver in Mexico are often used in the US case in SD Texas, SD California, SD Florida, and SDNY
DO NOT SIGN MEXICO WAIVER PAPERWORK YET

What you sign in Mexican custody or a consular interview can lock in surrender and produce statements the US uses at trial. You can ask us anything in a risk-free consultation before you agree to anything.

212 300 5196 - Mexico extradition counsel →
WHAT HAPPENS NEXT · MEXICO

Three paths from Mexico - and what each looks like.

Your next step depends on whether you are in custody in Mexico, considering a waiver, or still free. The US case does not pause on any path.

IF YOU FIGHT IN MEXICO
  1. 01Mexican counsel files challenges at Mexican federal courts and Ministry of Foreign Affairs (SRE) and requests bail where Mexico law allows
  2. 02Committal hearings are scheduled - often weeks or months apart depending on Mexico procedure
  3. 03US team builds parallel motions and discovery demands in SD Texas, SD California, SD Florida, and SDNY on the drug trafficking case
  4. 04If a court orders surrender, executive or ministerial review and appeals may still follow in Mexico
  5. 05If extradition is denied or stayed, prepare for a refiled US request or travel restrictions
IF YOU WAIVE FROM MEXICO
  1. 01Surrender is scheduled - sometimes within days of signing waiver paperwork
  2. 02US Marshals transport you from Mexico to federal custody in SD Texas, SD California, SD Florida, and SDNY
  3. 03Arraignment, detention hearing, and discovery deadlines hit quickly
  4. 04US motions should already be drafted - waiver does not pause the drug trafficking prosecution
  5. 05Sentencing exposure depends on the US case - waiver alone rarely fixes it
IF YOU ARE STILL IN MEXICO, NOT IN CUSTODY
  1. 01Retain counsel before police, consular officers, or US agents contact you in Mexico
  2. 02Map red notices, border risk, and whether a US request is already in progress
  3. 03US counsel reviews indictment exposure in SD Texas, SD California, SD Florida, and SDNY before surrender is sought
  4. 04Do not travel assuming the case will wait - Mexican cooperation with the US can move fast
  5. 05Call 212 300 5196 - privilege starts from the first word, answered 24/7
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CHARGE LEDGER · MEXICO

How we fight US extradition from Mexico.

01
1978 treaty dual criminality
Map each US count onto a Mexican offense before treating extraditability as settled
02
Juez de Distrito legality hearing
Challenge identity, documents, and specialty in the federal judicial record first
03
SRE diplomatic surrender stage
Preserve assurance and proportionality issues for Ministry review after judicial findings
04
Nationality discretionary refusal
Fix citizenship as of the charged conduct - do not treat a passport as an automatic bar
05
Death-penalty assurances
Force clear US commitments when capital exposure sits inside the charging theory
06
Amparo process defects
Use constitutional remedies early against custody and fairness failures in the extradition file
DEEP DIVE · WE OWE LOYALTY TO ONLY YOU

What the 1978 US-Mexico extradition treaty actually controls.

The 1978 treaty sets extraditable offenses, documentation standards, specialty, and nationality discretion. Mexican courts apply those terms through domestic procedure before SRE acts. A defective package - wrong identity, stale charging theory, or mismatched dual criminality - is a fight issue, not a footnote for diplomats.

Amparo as a brake on defective extradition records.

Amparo practice can challenge custody, process defects, and rights violations around an extradition file. It is not a spare appeals track you invent later. Preserve the record early with Mexican counsel who understand how amparo interacts with the district-court and SRE sequence.

Provisional arrest and red notices are not surrender orders.

A red notice or provisional arrest can put you in custody while the United States finishes papers. It does not equal SRE approval. Silence buys time for the Juez de Distrito fight and for US counsel to open a channel with the district already charging you.

Risk-free consultation for Mexico-US extradition.

When you reach out to Spodek Law Group P.C., you start with an initial risk-free consultation. We explain district-court review, SRE surrender, death assurances, and the US indictment in plain language. Fees come in writing before you commit. Call 212 300 5196.

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HOW WE HANDLE YOUR CASE · MEXICO

What Spodek Law Group P.C. does in your Mexico extradition.

01 · TODAY
Risk-free consultation

Call 212 300 5196 or submit the form. A person answers - not a service. Day or night. Map red notices, local arrest, or US contact. Privilege starts from the first word - answered within 24 hours, guaranteed.

02 · DAYS 1-7
Local counsel + US strategy

Retain or coordinate Mexico counsel for surrender hearings. Our US team reviews the indictment, target letter, or draft charges. Stop voluntary statements and waivers before they harden into surrender.

03 · WEEKS 2-12
Treaty and evidentiary fight

Challenge dual criminality, specialty, probable cause, and human rights. Parallel US motions and plea discussions when strategically sound. We prepare every file for trial even when we are negotiating.

04 · SURRENDER OR RESOLUTION
Trial-ready either way

If extradition is denied or stayed, protect against refiled requests. If you return to the US, trial preparation is already underway - not starting at the airport. You choose the path; we have prepared for every outcome.

Start with the risk-free consultation 212 300 5196 →
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“We owe loyalty to only you - not prosecutors in Mexico, not the US Attorney’s Office, not anyone building a file against you.”

SPODEK LAW GROUP P.C. · US-MEXICO EXTRADITION TREATY (1978)

Todd A. Spodek
MANAGING PARTNER · MEXICO EXTRADITION

You’ve seen Inventing Anna. Bring that preparation to Mexico extradition.

Todd Spodek is managing partner at Spodek Law Group P.C. The firm handles international extradition defense the same way it handles high-stakes federal trial work - local counsel abroad, US strategy at home, and loyalty only to you. Client identities in active extradition matters stay confidential.

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SECOND OPINION · RISK FREE

Already have a lawyer abroad? Get a risk-free second opinion.

If your extradition case feels stalled, you are being pushed to waive, or your US defense is not talking to foreign counsel - talk to us before the next hearing. You can ask us anything you want.

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FAQ

Questions about Mexico extradition - ask us anything.

When you reach out to our law firm, you start with an initial risk-free consultation. You can ask us anything you want - regardless of how long it takes.

How does extradition from Mexico to the US work? 01

The US-Mexico Extradition Treaty (1978) governs the request. Mexican federal courts and Ministry of Foreign Affairs (SRE) reviews dual criminality, specialty, and probable cause before surrender. In parallel, a federal case in SD Texas, SD California, SD Florida, and SDNY moves forward unless US counsel intervenes.

Should I waive extradition from Mexico? 02

Not without Mexican and US counsel reviewing your facts. Waiver can speed return when US defense is ready and surrender is likely. It can also destroy treaty challenges and produce statements used in SD Texas, SD California, SD Florida, and SDNY.

What happens after I am surrendered from Mexico? 03

You are transported to federal custody, arraigned, and face detention and discovery in SD Texas, SD California, SD Florida, and SDNY. If US lawyers were retained early, strategy is already underway. If you waived first, you may arrive with no plan.

Can Mexico refuse extradition because I am a Mexican national? 04

Nationality can support a discretionary refusal under the 1978 treaty framework, but it is not automatic immunity. Mexican citizens are regularly surrendered when other treaty conditions are met. We verify citizenship against offense dates before treating nationality as primary leverage.

Who decides a US extradition request in Mexico - the judge or SRE? 05

Both, in sequence. A Juez de Distrito reviews legal sufficiency first. SRE then decides diplomatic surrender, including death-penalty assurance issues when relevant. Strategy has to speak to both stages.

What is amparo and why does it matter in extradition? 06

Amparo is a Mexican constitutional remedy used to challenge rights violations and defective process. In extradition matters it can pressure custody conditions, procedural errors, and unfair records - if preserved on a timely record.

Will Mexico demand death-penalty assurances from the United States? 07

When capital exposure is real, Mexico typically requires assurances that the death penalty will not be imposed or carried out. How those assurances are drafted and how US charges are framed can become contested territory.

What happens on the first call with Spodek Law Group P.C.? 08

You get a risk-free consultation. You can ask us anything about Mexican court review, SRE, Interpol exposure, and the US charges. We owe loyalty to only YOU. Call 212 300 5196 - attorney on call, 24/7.

Do I need both Mexican counsel and US counsel? 09

Yes for serious cases. Local lawyers fight the district-court, amparo, and SRE stages. US lawyers fight the indictment that waits after arrival. We coordinate both so advice does not conflict.

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INTERNATIONAL COVERAGE · 32 COUNTRIES

Country-specific extradition defense.

Our attorneys handle cases nationwide and coordinate counsel abroad. Regardless of how complicated your case is, we can help you get the outcome you need.

Mexico
US-Mexico Extradition Treaty (1978)
Canada
US-Canada Extradition Treaty (1971)
United Kingdom
US-UK Extradition Treaty (2003)
Germany
US-Germany Extradition Treaty (1978)
France
US-France Extradition Treaty (1909, as amended)
Italy
US-Italy Extradition Treaty (1984)
South Korea
US-South Korea Extradition Treaty (1999)
Philippines
US-Philippines Extradition Treaty (1979)
India
US-India Extradition Treaty (1997)
Israel
US-Israel Extradition Treaty (1962)
Greece
US-Greece Extradition Treaty (1931, as amended)
Colombia
US-Colombia Extradition Treaty (1979)
Ecuador
US-Ecuador Extradition Treaty (1872, as updated)
Peru
US-Peru Extradition Treaty (1899, as updated)
Poland
US-Poland Extradition Treaty (1929, as updated)
Dominican Republic
US-Dominican Republic Extradition Treaty (1909, as updated)
Guatemala
US-Guatemala Extradition Treaty (1903, as updated)
Honduras
US-Honduras Extradition Treaty (1912, as updated)
El Salvador
US-El Salvador Extradition Treaty (1911, as updated)
Brazil
US-Brazil Extradition Treaty (1961)
Argentina
US-Argentina Extradition Treaty (1997)
Chile
US-Chile Extradition Treaty (1902, as updated)
Spain
US-Spain Extradition Treaty (1970)
Netherlands
US-Netherlands Extradition Treaty (1904, as updated)
Switzerland
US-Switzerland Extradition Treaty (1997)
Turkey
US-Turkey Extradition Treaty (1979)
Romania
US-Romania Extradition Treaty (1924, as updated)
Lithuania
US-Lithuania Extradition Treaty (1924, as updated)
Albania
US-Albania Extradition Treaty (1933, as updated)
Bosnia and Herzegovina
US-Bosnia Extradition Treaty (1902, as updated)
Croatia
US-Croatia Extradition Treaty (1902, as updated)
Serbia
US-Serbia Extradition Treaty (1902, as updated)
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