Judge OK's plan to deport acquitted 'Liberty City Seven' member

By Vanessa Blum | South Florida Sun-Sentinel
4:06 PM EST, December 5, 2008

An immigration judge in Miami has signed off on the federal government's plan to deport the only acquitted member of the so-called Liberty City Seven to his native Haiti.

Last year, a jury acquitted Lyglenson Lemorin, 33, of taking part in a terrorist conspiracy to blow up Chicago's Sears Tower and the Miami FBI headquarters.

After reviewing much of the same evidence presented in criminal court, Immigration Judge Kenneth Hurewitz ruled Lemorin, though a legal permanent resident, may be deported because he affiliated with terrorists and swore an oath of allegiance to a group he thought was al-Qaida.

Hurewitz's 135-page ruling, dated Nov. 20, was released Friday by Lemorin's defense lawyers.

Testifying at his immigration hearing in August, Lemorin admitted to taking the oath but said he did not believe the group would carry out any attacks.

Hurewitz dismissed that explanation, concluding Lemorin "knew exactly what he was doing" when he swore the oath and "clearly provided material support to a terrorist organization."

The government's decision to seek Lemorin's deportation drew criticism from immigration advocates because a jury found him not guilty of the criminal charges.

That jury and a subsequent jury failed to reach a verdict on the guilt or innocence of Lemorin's six associates, resulting in two mistrials. A third trial is set for January.

Hurewitz noted the standard of proof in an immigration proceeding is less than that required for a criminal conviction.

Prosecutors accused the seven men of agreeing to aid al-Qaida with a plot to blow up buildings on U.S. soil. The group's ultimate aim was to create chaos and overthrow the U.S. government, prosecutors alleged.

Several members of the group conducted photo and video surveillance of the federal complex in downtown Miami, prosecutors contend. The group had no actual contact with al-Qaida, according to evidence presented at trial. The alleged plot to blow up buildings developed as the men associated with an undercover informant for the FBI posing as an al Qaida agent.

Vanessa Blum can be reached at vblum@SunSentinel.com or 954-356-4605.

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