Word: posada
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...hasn't done anything in court, really, to make sure this man stays detained as a terrorist suspect, as a terrorist danger to society," Bernardo Alvarez, Venezuela's Ambassador to the U.S., tells TIME. "The Administration must either extradite Posada Carriles to Venezuela under the terms of our 1922 extradition treaty, or try him here in the U.S. as a known terrorist suspect in this hemisphere. Otherwise, the U.S. is just demonstrating further that it has a double moral standard when it comes to fighting terrorism." Cuban leaders hosting this week's summit of the Non Aligned Movement echoed those...
...Immigration officials may have charged that Posada posed a real threat to the U.S., but Magistrate Norbert J. Garney ruled those findings insufficient to continue detention because of a 2001 Supreme Court ruling that ICE cannot detain people with immigration violations for more than six months unless the government deems the individual to be a danger or proves there are special circumstances. Garney, who works in the U.S. District Court in El Paso, where Posada now sits in detention, placed Posada's fate firmly in the hands of U.S. Attorney General Alberto Gonzalez. According to Garney, Posada can remain...
...ruling, Garney simply stated, "Certification by the Attorney General is required for aliens detained either on account of serious adverse foreign policy consequences or on account of security or terrorism concerns." Nor did the government detain Posada under any "special circumstances" that, under the Patriot Act, would have allowed prolonged detention beyond the six months established previously by the Supreme Court. Many observers viewed the fact that Garney issued his ruling on September 11 as a not-so-subtle rebuke of the Bush Administration, which he seems to feel is saddling the courts with a job that is really...
...Posada doesn't get to go home to his family in South Florida just yet, though. U.S. District Judge Philip Martinez will review Garney's recommendation and can adopt, amend or reverse the ruling. If he adopts it, the government has ten days to file an appeal...
...Although stranger things have happened in the past, I have full confidence the federal judge will adopt without any recommendation or comment," says Eduardo Soto, Posada's Miami-based attorney. Soto maintains the government lost its chance to go after his client as a terrorist when they initially detained him. "You have to choose whether you are going to charge someone as an immigration law violator or a terrorist," Soto says. "The individuals in Guantanamo are dealt with as terrorists. That is not what the American government decided to do with Luis Posada Carriles. They placed him in normal removal...