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US appeals dismissal of immigration fraud charges against Cuban militant

[JURIST] The US Department of Justice filed an appeal in the US Court of Appeals for the Fifth Circuit Tuesday against the dismissal [PDF text; JURIST report] of immigration fraud charges against anti-Castro militant Luis Posada Carriles [JURIST news archive; case materials]. US District Judge Kathleen Cardone ruled in May that the Carriles' indictment should be dismissed because the US government's tactics in its investigation of Carriles were "so grossly shocking and so outrageous as to violate the universal sense of justice." Prosecutors, however, argued on appeal that Posada did not properly show that the government engaged in trickery or deceit and that any "deception or outrageous conduct" on the part of the government does not excuse Posada's alleged actions.

Carriles, a former CIA operative trained by the US for the failed anti-Castro Bay of Pigs invasion in 1961, was arrested in 2005 [JURIST report] for illegally entering the United States and had been under the custody of immigration officials until his release on bail [JURIST report] in April. Cuba criticized Carriles' release [JURIST report] and accused the United States of violating international anti-terrorism treaties by freeing the militant and dismissing charges against him. Carriles is wanted in Cuba and Venezuela on terrorism charges relating to the 1976 bombing of a Cuban airliner [Wikipedia backgrounder]. AP has more.

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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

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