Posada Deportation Update

Following on yesterday’s story about Luis Posada Carriles, it seems that the United States does not think that Mr. Posada should be deported to Cuba because it is feared that he will be subject to torture in that country.^[1] The Department of Homeland Security continues to argue that Mr. Posada should not be granted asylum in the United States, while Mr. Posada’s attorneys continue to argue that deportation to Venezuela should not be granted on concerns that he will be tortured in that country.^[2] Immigration Judge William Abbott, however, has said that he will order Mr. Posada deported to Venezuela if asylum cannot be granted.^[3] This announcement received no objection from DHS prosecutors.^[4] Gina Garrett-Jackson, the lead DHS prosecutor, said that the Department would not object to designating Venezuela as the country of deportation, but she did reserve the right to elaborate on the Department’s decision after consulting the departments of State and Justice.^[5]

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[1] Alfonso Chardy, Posada May Be Venezuela-bound, Miami Herald, Aug. 30, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id.