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Terrorist Might Ultimately Find
Safe Haven in US
Terrorist Luis Posada Carriles,
confessed mastermind of multiple
acts of terror in the Western
Hemisphere, might ultimately
find safe haven in the United
States after an immigration
judge said he could qualify for
a form of US protection
After three days of hearings,
which legal experts and
relatives of victims of Posada
Carriles´ actions have called a
farce, Judge William Lee Abbott
said Wednesday that lawyers of
the Cuban born terrorist had
"made a prima facie (apparent)
case," alleging their client
could be subject to torture if
deported to Venezuela.
Therefore, he would be inclined
to grant him a kind of
protection known as deferral of
deportation under terms of the
Convention Against Torture,
referred to in legal jargon as
CAT.
Under deferral, the immigration
judge orders the foreign
national deported but then
automatically defers the removal
on the ground that he is "more
likely than not" to be tortured
if deported.
Posada Carriles´ lawyer in El
Paso, Matthew Archambeault
abruptly withdrew his
application for asylum, under
the allegation that his client
might have been forced to reveal
"sensitive information" that
would have been embarrassing to
the United States.
Such a move came after
Archambeault and the lead
prosecutor of the Department of
Homeland Security, Gina
Garrett-Jackson, struck an
apparent compromise, according
to the Miami Herald.
In a total shift of position,
Garrett-Jackson said Wednesday
in court that "we have serious
and weighty concerns about the
notion of a removal to
Venezuela".
Garrett-Jackson´s posture in
court Wednesday departed from
her initial position Monday, the
day the hearing began, when she
did not object to Judge Abbott´s
decision to designate Venezuela
as the country to which Posada
would be deported were he to
lose his petitions and all
appeals.
When Judge Abbott asked
Garrett-Jackson on Wednesday if
she disagreed that Posada has
made a "prima facie" case
against deportation to
Venezuela, she replied: "No
opinion."
Judge Abbott set Sept. 26 as the
date for the government to start
its case.
And unless the immigration legal
officer changes his mind, the
confessed mastermind of the
bombing of a Cuban airliner in
1976 that killed 73 people off
Barbados, the bombing of hotels
and restaurants in Cuba in 1997
that killed one person, and the
lead conspirator to assassinate
Castro in Panama in 2000, will
stay in the United States.
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