US-Colombia Extradition Defense: Colombia Custody and US Federal Court

A US-Colombia extradition case is not one hearing in one country. While someone is held in Colombia, Colombian authorities decide whether surrender is allowed under Colombian law. After surrender, the case becomes a US federal criminal case in the district where the charges are pending.

Abreu Law, PLLC in Coral Gables, Florida, works both sides of that path with local counsel in Colombia: the Colombia extradition stage, then the US federal court stage after arrival.

For questions, call (305) 849-2962.

What is extradition from Colombia to the United States?

Extradition from Colombia to the United States is a formal process of international judicial cooperation. Colombia decides whether to surrender a person found in its territory so that person can face trial or serve a sentence in the United States.

It is not a Colombian trial on guilt under US law. The Colombian side asks whether the legal requirements for surrender are met. Guilt on the US charges, if decided at all, is decided later in a US federal court after arrival.

Families searching “extradición Estados Unidos Colombia” often assume one lawyer in one courtroom can end the case. In practice there are two stages: Colombian procedure first, then US federal criminal procedure after surrender.

Does Colombia apply the 1979 US-Colombia extradition treaty as domestic law?

No. Colombian authorities do not apply the 1979 US-Colombia extradition treaty as domestic law.

Colombia’s Ministry of Foreign Affairs (Cancillería) has explained that the 1979 treaty still has international force in the sense that neither country has denounced it. The Colombian laws that once approved the treaty for internal use were struck down. Because those approving laws fell, Colombian authorities study US requests under Colombian law. They do not apply that treaty as domestic law.

That difference matters. Advisors who say “the treaty controls everything in Colombia” are describing the wrong legal frame for Colombian authorities.

What Colombian rules apply (Constitution and Ley 906)?

Extradition procedure in Colombia is governed by Article 35 of the Constitución Política and by Ley 906 de 2004, articles 490 to 514.

Under that framework, extradition may be requested, granted, or offered according to public treaties and, when those treaties do not apply as domestic law, according to Colombian law. Colombia’s system for granting extradition is mixed: the government decides, but it needs a prior concept from the Sala de Casación Penal of the Corte Suprema de Justicia.

Constitutional limits also apply. Those limits include the rules in Article 35 on when extradition of Colombian nationals may proceed, political offenses, and the temporal cutoff for certain facts. Counsel on the Colombia side maps those limits to the specific request. This page does not turn those limits into a prediction for any one case.

What does the Corte Suprema de Justicia review?

The Corte Suprema de Justicia, through its Sala de Casación Penal, issues a concepto on the extradition request. Under Ley 906, that concept rests on checks such as:

• formal validity of the documents presented
• proof of the requested person’s identity
• dual criminality (doble incriminación)
• equivalence of the foreign charging or conviction instrument
• and, when applicable, treaty compliance and constitutional limits

The Court does not try guilt on the US merits. A family that expects Colombian courts to “prove innocence of the US indictment” is expecting a hearing the Colombian Court does not hold.

Dual criminality means the conduct must also be a crime under Colombian law, with the statutory thresholds Ley 906 requires. Identity and document form often matter as much as legal theory. Incomplete packages, name mismatches, and weak foreign instruments are where defense work in Colombia concentrates.

What does the Colombian government decide after the Court’s concept?

After the Court’s concept, the Colombian government decides whether to grant extradition.

A negative concept from the Corte Suprema binds the government. The government cannot grant extradition against a negative concept. A favorable concept leaves the government free to decide according to national considerations.

A favorable Court concept is not the same as a grant. Families sometimes celebrate a favorable concept and then face a later government decision. Counsel on the Colombia side watches both steps.

Coordinated counsel: Coral Gables and local counsel in Colombia

US-Colombia extradition work often needs lawyers who can speak both systems. Colombian practice is not a copy of Miami federal practice.

Robert E. Abreu is a Florida lawyer. He holds a J.D. from the University of Houston and a B.B.A. from the University of Miami. He is a former Assistant State Attorney in Miami-Dade. The firm's office is in Coral Gables (Abreu Law, PLLC). When needed, the firm coordinates with local counsel in Colombia for visits with clients held pending extradition. That custody work is part of the Colombia stage.

Bilingual coordination matters when documents, family questions, and court calendars move between Spanish and English in the same week. Call (305) 849-2962 to discuss whether coordinated U.S.–Colombia representation fits the case.

What happens after surrender to the United States?

After surrender to the United States, the person enters US federal custody and appears in the federal district where the case is pending.

Typical next steps include an initial appearance, a detention or bond decision, and then the ordinary federal criminal case: discovery, motions, plea negotiations or trial, and sentencing if there is a conviction. The Colombia extradition fight does not replace that US case. It comes before it. When the charges are in the Southern District of Florida, the firm's page for federal criminal defense in Miami and Coral Gables explains the initial appearance, the detention hearing and the arraignment.

On the US government side, the Department of Justice’s Office of International Affairs (OIA) coordinates extradition work for federal prosecutors under Justice Manual 9-15.000. Do not assume a fixed number of days from a Colombia grant to a US courtroom. Timing depends on the case and on how surrender is arranged.

Specialty and related limits can matter after return. Federal prosecutors who want to proceed on charges beyond those for which extradition was granted must work through OIA. That is a US-side issue for counsel after arrival. It is not a substitute for the Colombia concept fight.

Which US federal courts handle these cases after arrival?

After arrival, the case is heard in the US federal district where the charges are pending, not in a special “extradition court.”

Examples of federal districts where post-surrender cases commonly proceed may include:

• Southern District of Florida (Miami and Fort Lauderdale)
• Middle District of Florida (Tampa)
• Eastern District of New York (Brooklyn)
• Southern District of New York (Manhattan)
• District of Massachusetts (Boston)
• District of Puerto Rico

Venue follows the indictment or other charging instrument. Counsel should confirm the actual district early, because bond practice, local rules, and prosecutors’ offices differ.

When should you hire counsel who works both Colombia and US federal court?

Hire counsel who coordinates both sides when the person is in Colombia facing a US request, when the Corte Suprema concept or government decision is approaching, when family needs coordinated advice in Spanish and English, or when surrender is likely and US federal counsel must be ready for initial appearance and detention litigation.

Early coordination helps on identity issues, dual criminality analysis, document completeness, and the handoff into the US district. It does not guarantee that extradition will be denied or that a US sentence will be lighter.

When to call Abreu Law

If a US request is pending in Colombia, or if surrender has already occurred and a federal appearance is set, call Abreu Law, PLLC in Coral Gables at (305) 849-2962. The conversation can cover the Colombia stage, the US stage, or both.

Short FAQ

Is the Colombia hearing a trial on US guilt? No. The Corte Suprema concept checks legal requirements for extradition. It does not decide guilt on the US indictment.

If the Court issues a favorable concept, is extradition automatic? No. A favorable concept leaves the Colombian government free to decide. A negative concept binds the government against a grant.

After surrender, do I stay in the extradition process? No. After surrender, the matter proceeds as a US federal criminal case in the district where charges are pending.

Related guides

• Pre-indictment federal investigation
• Federal detention hearing
• After a federal indictment
• Federal sentencing guidelines
• US–Colombia extradition
• OFAC reconsideration portal

Practice hubs: Federal criminal defense · Extradition · OFAC