In the case of McCloskey v. Tobin, Sheriff of Bexar County, Texas in 1919, the United States Supreme Court ruled on a dispute involving extradition law and jurisdictional boundaries between states. The petitioner, McCloskey was arrested in Texas for crimes allegedly committed in Mexico. He sought habeas corpus relief to prevent his extradition to Mexico arguing that he could not be extradited because his alleged crime (embezzlement) was not recognized as such under Mexican law at the time it occurred. However, the court rejected this argument stating that it is up to the executive branch - specifically Secretary of State - rather than courts to determine whether an offense charged is considered criminal by foreign laws when deciding on matters related with international extradition treaties.

The dissenting opinion in the McCloskey v. Tobin case argued that the Supreme Court should not have jurisdiction over this matter, as it was a state issue rather than a federal one. The dissenting justices believed that Texas law enforcement officials were within their rights to arrest and detain McCloskey for his alleged crimes, even though he claimed diplomatic immunity due to his status as British Vice Consul. They contended that international law did not provide absolute immunity from criminal prosecution for consular officers, especially when serious charges such as murder were involved. Furthermore, they asserted that any disputes about consular immunity should be resolved through diplomatic channels between nations rather than by U.S courts.