Criminal Defense of Immigrants

(C)  Prisoner Transfer Treaty Between U.S. and Mexico.  Mexico and the United States have entered a Prisoner Transfer Treaty, which became effective on November 30, 1977.  Its eligibility requirements include that the person whose transfer is sought must:

(1)        be a citizen of Mexico;

(2)        be convicted and sentenced;

(3)        have no appeals or collateral attacks upon the conviction pending;

(4)        have at least six months of the sentence remaining to be served;

(5)        be convicted of an offense which is not an immigration, military, or political offense;

(6)        be convicted of an offense generally punishable as a crime under the laws of the United States;

(7)        have not been living in the United States for a period of five years or more prior to the arrest; and

(8)        have the consent of the governments of the United States and Mexico, and provide his or her own consent to the prisoner transfer.

The treaty and procedural requirements are available from the Department of State and from Mexican embassies and consulates.