International cases · United States
Wanted in the United States and arrested in Spain
Extradition requests from the US are among the most demanding the National Court deals with: drug trafficking, fraud, money laundering, cybercrime and organised crime, often with long sentences at stake. The procedure follows the 1970 treaty between Spain and the US and its supplementary treaties, and it has stages before the courts and before the Government.
Saúl Rosell Manglano · Criminal defence lawyer · Madrid · ICAM 83.198
What the decisions show
41
Decisions of the National Court on US requests that I have reviewed, from mid-2025 to mid-2026.
Conditions
Most surrenders were granted on conditions, almost always a written guarantee that a life sentence will not be irreducible.
4 refused
Refusals were based on Spanish nationality with dependent children, or on a previous final judgment for the same facts in another country.
- Surrender granted17 57%
- With conditions9 30%
- Refused4 13%
Decisions on the merits of the National Court on requests from this country that I have reviewed (May 2025 – May 2026, 30 decisions). One case can produce more than one decision. Conditions, such as returning to Spain to serve the sentence or guarantees on prison conditions, are usually obtained by the defence.
How the procedure works
After the arrest, the Central Investigating Court in Madrid hears you and decides on custody while the US sends its formal request through diplomatic channels within the period set by the treaty. The Criminal Division of the National Court then holds a hearing and decides whether extradition can go ahead. If the court says no, the Government cannot extradite. If the court says yes, the Government still has the final word.
Life sentences and the death penalty
Spain does not extradite to face the death penalty without guarantees that it will not be imposed or carried out. For life sentences, the court requires a written guarantee that there will be a real prospect of release through review, pardon or clemency. Surrender is suspended until the guarantee arrives.
Spanish nationality
The treaty allows Spain, but does not oblige it, to refuse to extradite its own nationals. The court weighs it case by case. It has refused surrender of Spanish nationals with children who depended on them, where the case could be tried in Spain. It has rejected the argument where nationality was obtained after the facts or where a trial in Spain was not realistic.
Time-barred in Spain, not in the US
Under the supplementary treaty, the fact that an offence would be time-barred under Spanish law does not prevent extradition if it is not time-barred under US law, as long as the Spanish period had not already expired when that rule came into force. This is a frequent point of dispute, and the dates have to be checked one by one.
What the court does not decide
The Spanish court does not try the case or weigh the evidence in depth. It checks that the facts described are a crime in both countries, even under a different legal name (a US conspiracy charge can match Spanish offences of criminal organisation or attempt), and that the request is properly founded. Arguments about entrapment by undercover agents have been examined, and rejected where the agent only confirmed an existing activity.
Serving a sentence in Spain
Spain and the US are both parties to the Council of Europe Convention on the Transfer of Sentenced Persons of 1983. A Spanish national convicted in the US can ask to be transferred to serve the sentence in Spain, with the agreement of both states.
How we will understand each other
I work in Spanish. With my clients from abroad I use translation tools to read and answer messages, and we manage well that way. At the police station and in court the law gives you a free interpreter, and I make sure that right is respected. If you write to me in English, I will answer you.
Common questions
Can I be released while the case is decided?
It is possible but difficult when the US requests extradition for serious offences. Documented roots in Spain (family, work, home, length of residence) and the strength of any ground for refusal are what the court weighs.
My relative is Spanish. Does that protect him?
It can, but it is not automatic. The court looks at when nationality was acquired, family situation, and whether the case can be tried in Spain instead.
Can the Government still refuse if the court approves extradition?
Yes. The court's approval allows extradition but does not oblige it. Arguments of a humanitarian or political nature can be presented to the Government.
Is it urgent?
Call me on 688 884 488. I answer the phone myself, at any hour.
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