The process for extradition begins when a foreign government makes a request to the United States, often with treaty-required paperwork. This includes details on the person sought, the offenses alleged, charging documents, arrest warrants, and evidence. When the request is granted, a fugitive is arrested and goes before a federal judge or magistrate.

Generally, the court's authority is limited to determining whether the person sought is eligible to be extradited. For this purpose, he or she must determine whether the requested individual is a national of the country where the crime is committed, whether the crime is a violation of the treaty, and whether the foreign prosecutor has sufficient evidence to obtain an extradition conviction.

Fake evidence extradition  requests usually require a variety of documentation, including affidavits and statements of innocence or guilt. In addition to this, they must also contain a certificate from the foreign prosecutor certifying that there is a basis for bringing the defendant before a court in the requested state.

Many extradition requests involve issues such as the death penalty and double criminality. This issue is addressed in the European Union's Framework Decision on Double Criminality, which states that extradition is not permitted unless the requested person would be subject to the death penalty in the requesting state or the defendant has made an assurance that he or she would not face such a sentence.

While there is no specific timeframe for preparing an extradition request, it typically takes several months. During that time, prosecutors and law enforcement agencies prepare the necessary documentation and evidence.

Once the request is approved, prosecutors and law enforcement agencies work to arrange for the suspect's extradition. Depending on the country and its laws, this may involve a lengthy legal battle.

The Supreme Court has said that Congress can legislate on the matter, but that is not the same as a statutory requirement that Congress authorize it to do so. The Court has said that it is "the right of Congress to legislate on extradition, with or without a treaty to that effect."

In some cases, the court can order that the extradited person be returned to the requesting state, if there are substantial grounds for believing that the person will not be able to resist the charge. In other cases, the court can grant a temporary stay of the arrest or detention until the case is reviewed and a decision is reached.

Some extraditions, such as those involving terrorist suspects, can involve serious human rights concerns. The United Nations Economic and Social Council has reported that some extraditions have resulted in the transfer of people to countries where their lives or their safety are at risk.

There are also concerns about the extraditions of suspects who have been convicted in their home countries. This is because they are unlikely to be able to defend themselves in the United States.

This can be especially true when the person's conduct in their home country is viewed as illegal in both Canada and the requesting state, a condition known as dual criminality. Moreover, in some cases, the extradition may be challenged because of the lack of proper evidence or because the accused is ineligible for extradition because he or she is a national of another country.