International Herald Tribune
The Associated Press
Published: April 17, 2007
EL PASO, Texas: An appeals court on Tuesday denied the U.S. government's latest bid to keep anti-Castro Cuban militant Luis Posada Carriles jailed until his May trial on immigration fraud charges.
The decision by the U.S. 5th Circuit Court of Appeals in New Orleans reversed a decision last week to temporarily block Posada from being released from the Otero County, New Mexico, jail on $250,000 (€184,500) bond.
One of his lawyers said it was unclear when the 79-year-old former CIA operative could be set free, but immigration authorities could detain him on a previous deportation order. He will have to return to El Paso, Texas, where the criminal case is being heard, to refile paperwork guaranteeing his bond.
Rhonda A. Anderson, one of Posada's Florida lawyers, said Tuesday's decision, which ended the appeals case with the New Orleans court, "would again be consistent that there is no proper issue on appeal."
U.S. District Judge Kathleen Cardone had ordered Posada set free.
Today in Americas
Dean Boyd, a Department of Justice spokesman, said his agency was evaluating its options.
The aging militant and former CIA operative was ordered deported in 2005. But a federal immigration judge in El Paso ruled that he could not be sent to Venezuela, where he is a naturalized citizen, or his native Cuba, because of fears that he could be tortured.
Governments of both countries want Posada extradited to Venezuela to face charges that he was in Caracas when he plotted the 1976 bombing of a Cuban jetliner, an attack that killed 73 people.
Posada, a U.S. Army soldier who had a role in the failed Bay of Pigs invasion of Cuba, has been jailed in the United States since May 2005, when he admitted sneaking into the country illegally from Mexico.
He was indicted in January on charges that he lied about how he entered the country and other details while trying to become a naturalized U.S. citizen.
JG: Here we go again. It is a well known fact that George W. Bush is protecting Luis Posada Carriles. Will he be soon walking the streets of the toilet of the U.S., a.k.a. Miami? Stay tuned.