In the case of United States v. Humberto Alvarez-Machain, the U.S Supreme Court ruled in 1991 that a criminal defendant can be prosecuted in U.S courts even if their presence is secured through extrajudicial abduction from another country. Dr. Humberto Alvarez-Machain was accused of participating in the torture and murder of a DEA agent while working for a Mexican drug cartel. He was kidnapped by bounty hunters hired by American authorities and brought to trial in America without any formal extradition proceedings with Mexico, which violated international law according to some critics. The court's decision hinged on its interpretation of an extradition treaty between the US and Mexico; it concluded that nothing within this treaty specifically prohibited such abductions.

In the dissenting opinion for United States v. Humberto Alvarez-Machain, Justice Stevens argued that the majority's decision to allow U.S. courts jurisdiction over cases involving foreign nationals abducted abroad by American agents was a dangerous precedent. He contended that this ruling could potentially encourage other nations to abduct Americans and try them in their own courts without regard for international law or treaties. Furthermore, he expressed concern about potential retaliation from other countries as well as damage to America's reputation internationally due to perceived disregard for sovereignty of other nations. Justice Stevens also pointed out that such actions undermine efforts towards international cooperation in law enforcement and may lead to an increase rather than decrease in global criminal activity.