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Posted May 09, 2007 by publisher in Cuba Human Rights

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BY ALFONSO CHARDY AND JAY WEAVER | Miami Herald

U.S. authorities signaled Wednesday they will not detain Luis Posada Carriles after a federal judge in El Paso dismissed immigration fraud charges against the Cuban exile militant. He’s no longer under 24-hour house arrest.

As Posada prepared to return to Miami a free man, the Justice Department remained undecided about whether to appeal Tuesday’s stunning dismissal of the criminal case.

‘‘We’re disappointed with the ruling, and we’re evaluating our options,’’ said Justice spokesman Dean Boyd.

But the highlight of the case Wednesday was the decision by immigration officials not to detain Posada in El Paso, meaning that for now Posada can return to his wife’s West Kendall apartment—free from house arrest, as was required under his pre-trial bond.

‘‘He should be back in Miami by this weekend,’’ said his attorney, Arturo Hernandez, who did not want to disclose details of his client’s return.

Posada, 79, sneaked into the United States in March 2005, which became a critical issue in the indictment accusing him of lying about how he entered the country. Now the former CIA operative is completely out in the open—neither in hiding, behind bars or under house arrest.

He’s subject to the control of U.S. Immigration and Customs Enforcement, but the order of supervised release doesn’t require detention—only reporting to ICE as soon as he returns to Miami.

‘‘Based on a previously issued order of supervision, Posada must report in person to the ICE Miami deportation office upon his return to Miami,’’ said Barbara Gonzalez, an agency spokeswoman in Miami. ``Any failure by Posada to comply with the supervision order may subject him to fines, more restrictive release conditions, detention or criminal prosecution.’‘

The new circumstances pleased Posada’s Coral Gables immigration attorney, Eduardo Soto.

‘‘It’s very clear they are not interested in detaining him,’’ he said, expressing relief since detention was one of the immigration agency’s options.

Posada has a final order of deportation, and the law allows immigration authorities to detain foreign nationals with such orders. However, the Supreme Court has prohibited indefinite detention of foreign nationals who cannot be deported, like Posada, but has exempted people deemed to be in ``special circumstances.’‘

An immigration judge ruled the Cuban-born Posada cannot be deported to Cuba or Venezuela, where he’s a naturalized citizen, because he could face torture for his alleged anti-Castro violence.

Cuba wants to try Posada for a series of bombings at island tourist sites in 1997 that killed an Italian.

The Cuban government newspaper Granma said the U.S. judge’s dismissal of the immigration fraud charges meant that ``there will be no trial against the terrorist . . . and the predicted impunity is thus consummated.’‘

Venezuela promised to reinvigorate its push for a stalled extradition request for Posada to try him in Caracas for his alleged role in the 1976 bomb attack on a Cuban jetliner that killed 73. Jose Pertierra, a Venezuelan embassy attorney, says the United States has stonewalled Venezuela’s extradition request for months.

The immigration fraud case against Posada collapsed when the federal judge in Texas found Posada’s interview to apply for U.S. citizenship was botched by an interpreter.

In turn, that undercut the fraud indictment accusing him of lying about how he sneaked into the country, U.S. District Judge Kathleen Cardone ruled.

Miami Herald staff writers Pablo Bachelet in Washington and Oscar Corral contributed to this report.

  1. Follow up post #1 added on May 09, 2007 by publisher with 3905 total posts

    The original title of this article from the Miami Herald is “Posada will return to Miami as free man”.

    I have no problem giving him the title of “terrorist” even though the main stream media does not have the guts to call him that. They call him a militant.

    Anyway, I hope everyone all the way to President Bush feels the heat on this one.

    All Cuban Americans should speak up against the old Cuban exiles who think that Posada is a good guy so they can show that not all Cuban Americans support Posada.



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  2. Follow up post #2 added on May 09, 2007 by Pete Chavez

    I don’t have to prove anything to anybody.  To generalize us is the problem of the bigoted mind it comes from,  not mine.


  3. Follow up post #3 added on May 10, 2007 by publisher with 3905 total posts

    I hope I didn’t appear bigoted. I identified a group of people with a similar mindset, “old Cuban exiles who think that Posada is a good guy”.

    I don’t think you are a Posada supporter and I don’t care much about his extradition but he did break laws in this country and should at least be held for that.



    Cuba consulting services

  4. Follow up post #4 added on May 10, 2007 by publisher with 3905 total posts

    How about this twist from the Associated Press:

    Casto Foe’s fraud charge thrown out by judge.

    Juan A. Lozano from the Associated Press you disgust me with your characterization of Posada the terrorist who killed innocent people as a “foe” and “opponent” of Castro.

    What a shameless idiot!



    Cuba consulting services

  5. Follow up post #5 added on May 10, 2007 by MiamiCuban

    I heard this morning on the radio that Italy may end up offering to have Posada extradited there, since he did, after all, kill an Italian tourist when he bombed a hotel in Havana.  I guess his case is far from over.


  6. Follow up post #6 added on May 10, 2007 by publisher with 3905 total posts

    I don’t think there is anything to extradite him for now. He is a free man and can do whatever he wants unless more charges are brought against him.

    My question is whether he will live a long life if you know what I mean?



    Cuba consulting services

  7. Follow up post #7 added on May 10, 2007 by Curt

    Hopefully some of the victims of the 1976 plane bombing have relatives who now live in Miami and the relatives will give Posada-Carriles the kind of justice he deserves, IF YOU KNOW WHAT I MEAN!


  8. Follow up post #8 added on May 10, 2007 by Pete Chavez

    “give Posada-Carriles the kind of justice he deserves, IF YOU KNOW WHAT I MEAN!”

    Vigilante Justice!! Wow Curt, I guess your quite the moral authority.


  9. Follow up post #9 added on May 10, 2007 by Curt

    If our the American justice system can’t give an admitted terrorist the proper justice, then vigilanticism is the only way to go. I pray there are some courageous vigilantes out there! Sometimes violence has to be fought with violence.


  10. Follow up post #10 added on May 10, 2007 by publisher with 3905 total posts

    Curt,

    Let’s not go so far as to endorse vigilante justice. That is never the answer.

    It has crossed my mind that we are not the only ones who are aware of his release and probably not hard to find out where he is living but anyone who tries to kill Posada will be breaking the law and two wrongs don’t make it right.



    Cuba consulting services

  11. Follow up post #11 added on May 10, 2007 by Pete Chavez

    Curt apparently doesn’t understand the difference between right and wrong.
    He also does not seem to grasp that this great country,  is a country of laws and respect for the law.  The severity of Posada’s crime would be greatly diminished if we had uncivilized idiots like that dispensing “justice”!


  12. Follow up post #12 added on May 10, 2007 by MiamiCuban

    The Posada case shows quite the contrary….that this is no longer a country of laws.  They’re not worth the paper they’re written on if they’re twisted, bent, and ignored altogether.


  13. Follow up post #13 added on May 10, 2007 by publisher with 3905 total posts

    Just so you don’t miss it

    Posada may be charged for financing a terrorist operation



    Cuba consulting services

  14. Follow up post #14 added on May 10, 2007 by J. Perez

    Mr. Posada is an old man with old ideas, which at the time, were held in high praise by many, including U. S. officials, let’s not forget he worked for the C.I.A.  and in many quarters he was considered not only a militant but a patriot as well. All that aside and regardless of your political affiliations, the killing of inocent civilians should be strongly condemmed but never to the point of vigilante justice.


  15. Follow up post #15 added on May 10, 2007 by Pete Chavez

    The U.S. is stupid not to convict Posada for terrorism.  If not at most for the obvious immorality of the crime at least for the sake of diplomatic prudence.  This issue plays perfectly into the Cuban Regimes ever present tactic not to ever have a real raproachmont with the U.S.  If the U.S. tried and convicted Posada tomorrow, I predict that it still would not be good enough for the Cuban regime.  They would move on to some other issue to stay at odds with the U.S.


  16. Follow up post #16 added on May 10, 2007 by publisher with 3905 total posts

    Pete,

    You got that right!



    Cuba consulting services

  17. Follow up post #17 added on May 11, 2007 by MiamiCuban

    I have to disagree here, respectfully of course.  Back in the Clinton years it was the Cuban government who wanted to cooperate with Clinton in cracking down on terrorist groups in Miami.  But Clinton caved in to the pressures of the hard-liners and we all know what happened after that.  The past is replete with such situations.  Cuba wants diplomatic relations and is willing to do its part towards reconciliation, but it won’t go so far as to bend to the will of the U.S. and compromise its sovereignty.  Many will misconstrue this as Cuba wanting to be difficult, but that’s hardly the case.  If the U.S. tries Posada in court for his crimes (as it should be done), that would be a goodwill gesture towards Cuba and hopefully a starting point for the two countries to move towards a better relationship.


  18. Follow up post #18 added on May 11, 2007 by Pete Chavez

    One should always have be passionate about their views, so long as they are rooted in fact and reality!


  19. Follow up post #19 added on May 15, 2007 by MiamiCuban

    “Fact” and “reality” are also relative.


  20. Follow up post #20 added on May 15, 2007 by MiamiCuban

    Actually….let me rephrase that.  We ALL pick and choose the “facts” we see as “real”.


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