September 2, 2008
Man acquitted in terror plot gets his day in court in deportation hearing
By Vanessa Blum | South Florida Sun-Sentinel
September 2, 2008
In a cramped immigration courtroom, a 33-year-old Haitian, for a second time, is fighting charges he took part in a terrorist plot to bomb the Chicago Sears Tower and Miami FBI headquarters as a member of the so-called Liberty City Seven.

It's legal. But some lawyers question the fairness of government officials now seeking to deport Lyglenson Lemorin after a jury acquitted him in December.

Last week the government presented its case for sending Lemorin back to Haiti, despite the jury's verdict and his status for more than 20 years as a legal permanent U.S. resident.

Lemorin is expected this week to tell his version of events to the administrative judge hearing his case. His unusual situation as an acquitted man on trial highlights the lesser legal rights of immigrants, even when they are legal residents.



Immigration Judge Kenneth Hurewitz is not expected to rule for several weeks. Both sides have a right to appeal his decision.

Government lawyers are relying on a provision of immigration law allowing noncitizens to be deported if there is reason to believe they engaged in terrorist acts.

The government's latest action against Lemorin does not violate the legal prohibition on trying a suspect twice for the same offense, because deportation is a civil penalty that requires less proof than a criminal conviction.

Gina Garrett Jackson, an attorney for Immigration and Customs Enforcement, emphasized that difference in her opening statement. She said Lemorin had "no problem with it" when asked to pledge an oath of loyalty to al-Qaida.

But Lemorin's attorney, Joel DeFabio, who has continued representing Lemorin for free after his acquittal, said the government is now seeking retribution, not justice.

"It's a very sad commentary on the system," DeFabio said. In earlier testimony at the immigration proceedings, Lemorin's wife, a U.S. citizen, said she and her husband moved to Atlanta in March 2006 with their three children to "pull back" from the so-called Liberty City Seven group. At the time, an FBI informant posing as an al-Qaida representative had infiltrated the group and was encouraging members to take part in planning for possible terrorist attacks.

Charlene Mingo Lemorin said she never heard that kind of talk from her husband. "He was about peace and making unity," she said.

Lemorin was charged in June 2006 with conspiring to aid al-Qaida, blow up buildings and wage war on the United States. After a two-month trial and nine days of deliberations, the jury acquitted Lemorin on all counts and deadlocked as to his six co-defendants. A second trial also ended in a hung jury.

Vanessa Blum can be reached at vbblum@sunsentinel.com or 954-356-4605.

http://www.sun-sentinel.com/news/local/ ... 6623.story