Tahawwur Rana, accused in the 26/11 Mumbai attacks, is making a final legal effort to block his extradition to India.
His lawyer, Joshua L. Dratel, has appealed to the US Supreme Court, citing the double jeopardy principle.
The appeal argues that the US-India extradition treaty does not cover the same actions already addressed in a prior Chicago trial.
The Supreme Court is set to review the matter on January 17, amid conflicting views from the US Solicitor General.
Previous attempts to contest extradition in lower courts were unsuccessful, with the Ninth Circuit affirming that the treaty allows for his extradition.