Extradition Lawyer in Houston: Southern District of Texas and Local Procedure

Is the case assigned to Houston Division or another federal location?

For someone found in Harris County, if a federal extradition case has been filed, the practical starting point is the Houston Division at the Bob Casey United States Courthouse, 515 Rusk Avenue, Houston. The court’s Houston page lists Harris, Fort Bend, Montgomery, Colorado, San Jacinto and Wharton counties for that location. The Southern District of Texas also lists a separate Galveston courthouse. These locations and calendars are not interchangeable. An arrest at an airport, or elsewhere in Texas, does not by itself establish which forum will handle the case. Section 3184 also permits a qualifying state-court judge to conduct the hearing, so absence of a federal docket alone is not conclusive. Ask counsel to check the actual federal or state docket and custody papers before travelling to court.

The key statute is 18 U.S.C. § 3184. On a sworn complaint, a federal judge, an authorized federal magistrate judge, or a judge of a state court of record of general jurisdiction may issue an arrest warrant and hear evidence under the applicable extradition treaty or the narrow statutory exception in § 3181(b). If the evidence satisfies the governing standard, the judicial officer certifies extraditability and sends the record to the Secretary of State under § 3184. The separate executive surrender power is in 18 U.S.C. § 3186. Certification is not the same as the final decision to hand the person over. The nationwide treaty rules belong in the U.S. extradition guide.

Which Houston institutions may be involved?

The Department of Justice’s Office of International Affairs (OIA) coordinates review of incoming foreign extradition requests and, when appropriate, routes them to the U.S. Attorney’s Office in the district where the person is found. The formal request comes through government channels; a relative cannot make the foreign state’s diplomatic request. Family members can, however, locate counsel, provide documents and help establish the person’s custody location.

What should you check after an airport encounter at IAH?

At George Bush Intercontinental Airport (IAH), an encounter with border officers may concern immigration inspection or detention, an existing U.S. warrant, a Texas state matter, or an international extradition complaint. These are different legal routes.

Ask counsel or the responsible authority for the arresting agency, warrant or complaint number, current custodian and location, and any Southern District of Texas docket. Arrival at IAH does not prove that an extradition case has been filed. Distinguish a request to surrender someone from the United States from a prosecution here after an earlier extradition; the actual papers and custody basis control.

The first 72 hours: a practical action plan, not a legal deadline

This is a practical family action plan, not a statutory 72-hour deadline. DOJ guidance describes an initial appearance and a later § 3184 hearing; the deadline for formal documents after provisional arrest depends on the specific treaty and its trigger.

Under 18 U.S.C. § 3188, a person committed to await extradition may apply for discharge if not surrendered within two calendar months after commitment, plus actual transit time. Reasonable notice to the Secretary of State and the statute’s conditions apply; this is not automatic release two months after arrest. See the U.S. extradition guide for the nationwide procedure.

Can counsel visit someone held at FDC Houston?

The Bureau of Prisons’ February 2025 Legal Guide to FDC Houston lists legal visiting hours as 8 a.m.–8 p.m. Monday through Friday and 8 a.m.–2 p.m. on weekends. Out-of-hours visits require compelling circumstances and Warden approval; requests should be made at least 48 hours ahead, excluding weekends and federal holidays, whenever possible. Processing pauses for the 2 p.m. shift change and around inmate counts (4 p.m. daily; 10 a.m. on weekends and federal holidays). These are facility rules, not extradition deadlines; confirm current instructions before travelling.

Legal visitors need professional identification and their materials are screened. Attorneys ordinarily cannot bring a client’s family or friends into the legal visiting room without the Warden’s prior approval. Consular visits are separate: the foreign embassy must provide an official letter and advance scheduling is generally required at least 48 hours ahead. Social visits use separate approval and visiting-list rules. These rules apply only if the person is actually held at FDC Houston.

What do Fifth Circuit cases mean for release, habeas and torture-risk claims?

Release pending extradition is exceptional, not ordinary bail; the Supreme Court in Wright v. Henkel, 190 U.S. 40 (1903), and the Fifth Circuit in Jimenez v. Aristeguieta, 314 F.2d 649 (5th Cir. 1963), require special circumstances. A certificate is not directly appealable; limited review may be sought through a separate 28 U.S.C. § 2241 habeas petition, but filing or appeal does not automatically stay surrender. The Fifth Circuit’s Escobedo and Ntakirutimana decisions apply narrow review and non-inquiry; see the U.S. extradition-remedies guide for the national remedy framework.

The local 2025 case Martinez-Guardado v. Kobayashi, No. 4:25-cv-03305 (S.D. Tex.), is a warning against assuming a torture allegation will stop surrender. On 19 August 2025, the district court dismissed the habeas petition with prejudice, treating CAT habeas review as barred by 8 U.S.C. § 1252(a)(4) and applying non-inquiry to the due-process torture claim; the seven-day stay existed only by the parties’ agreement. On 30 August 2025, the Fifth Circuit denied a stay in an unpublished order under non-inquiry; it did not decide the separate § 1252(a)(4) question, and the appeal ended without a merits decision. The Second Circuit’s Kapoor v. DeMarco (2025) bars CAT habeas review in extradition; the Ninth Circuit en banc in Trinidad y Garcia v. Thomas (2012) allowed only exceedingly narrow review. Neither binds the Fifth Circuit. Published Fifth Circuit precedent in Escobedo treats predicted post-surrender treatment as an executive matter. As of 24 October 2026, no controlling Fifth Circuit merits decision resolves whether § 1252(a)(4) bars CAT-based habeas review in extradition. Do not rely on CAT habeas to stop surrender; promptly submit documented concerns to the Department of State under 22 C.F.R. part 95 and have counsel assess any separate claim or stay.

What should the family and foreign lawyer send first?

• A verified identity sheet: full name and spellings, date of birth, nationality or dual nationality, preferred language and a reliable contact person.
• Arrest details: time, place, agency, custody location, docket number, division, judge and copies of any warrant, complaint or custody order.
• Foreign case papers with dates and translations: charging document, judgment if any, foreign warrant and the treaty identified by the authorities.
• Current custody confirmation and urgent medical or interpreter needs. Send sensitive records securely rather than discussing them publicly.
• Names and secure contact details for counsel in the United States and abroad, plus the client’s instructions about privileged communication and information sharing.

Hypothetical Houston example: A dual-national traveller is questioned at IAH after officers mention a Mexican warrant. The family should first confirm the actual custody basis and whether a § 3184 complaint exists. If counsel confirms provisional arrest under the 1978 U.S.–Mexico treaty, Article 11(3) requires termination of that provisional arrest if the U.S. executive authority has not received the formal request and Article 10 documents within 60 days after apprehension. Article 11(4) allows a later extradition request; the 1997 Protocol adds a temporary-surrender mechanism to Article 15; it does not change this deadline. Any separate immigration or state custody basis must be checked independently.

Because custody and treaty deadlines can run quickly, have a lawyer review the actual docket and custody papers promptly. Request a confidential consultation.