By ALICIA A. CALDWELL – 13 hours ago
EL PASO, Texas (AP) — Prosecutors have appealed the dismissal of an immigration fraud case against an anti-Castro militant, arguing that a federal judge went too far in throwing out the entire case.
The case against Luis Posada Carriles, 79, was dismissed in May after U.S. District Judge Kathleen Cardone concluded that federal authorities used trickery, fraud and deceit in trying to pursue a criminal case against him. He was accused of lying on an application and during an interview to become a naturalized citizen.
Prosecutors filed the appeal Monday with the 5th U.S. Circuit Court of Appeals in New Orleans.
Cardone also concluded that a translation of the interview "is so inaccurate as to render it unreliable as evidence of defendant's actual statements." Cardone said the government's actions were "so grossly shocking and so outrageous to violate the universal sense of justice."
Lawyers for the government argued in their appeal that Posada didn't meet his burden to prove that the government engaged in trickery or deceit. They also contended that Cardone "erred by imposing the extreme sanction of dismissal and by dismissing counts that had no relation to the naturalization interview."
Finally, prosecutors argued that government "deception or outrageous conduct" doesn't excuse Posada's alleged lies.
"The defendant was charged with crimes entirely separate from any activity that the government might have been investigating — making false statements during the naturalization interview itself," prosecutors wrote.
Rhonda A. Anderson, one of Posada's Florida lawyers, said she had received the appeal but had not reviewed the document.
The former CIA operative and U.S. Army soldier is wanted in Venezuela, where he is a naturalized citizen, and Cuba, where he was born, on charges that he plotted the 1976 bombing of a Cuban jetliner. He has denied any wrongdoing.
Posada has been the subject of federal efforts to jail or deport him since he admitted sneaking into the United States from Mexico in 2005. Though Posada faces a deportation order, he has been living in Miami since the case was dismissed.
A U.S. immigration judge in El Paso has ruled that he cannot be sent to his native Cuba or Venezuela because of the potential that he will be tortured. His release this year sparked a series of protests around Latin America. The Bush administration has been accused by Cuba and Venezuela of harboring a terrorist.
JG: WHAT A FARCE! The George W. Bush administration waited five months to appeal. Knowledgeable experts say this so-called "appeal" can be handled in 30 days. The new Nazis of the Bush regime want to make sure that Posada Carriles can continue having pastelitos de guayaba with his gusano fascists buddies in Miami.