9/11 detainee free after 5 years

NEW YORK -- A former Algerian Air Force lieutenant -- who isbelieved to be the last detainee held in the U.S. from the Sept. 11attacks -- was freed this week, nearly five years after the FBIconcluded he had no terrorism links.

Benamar Benatta, 32, was released from the federal detentioncenter in upstate Batavia, N.Y., on Thursday and crossed the borderinto Canada to resume his half-decade struggle to gain politicalasylum there.

"He's hopeful for the first time in five years," said Benatta'sattorney, Catherine Amirfar, who called his treatment by the U.S.authorities "an absolute tragedy."

"It's the result of an individual being labeled a terrorist eventhough the FBI itself determined he had no connection to terrorismwhatsoever," Amirfar said.

Benatta arrived in the United States with other members of theAlgerian Air Force for military training in 2000 but later deserted.He was arrested as he tried to enter Canada on Sept. 5, 2001, afterhe was allegedly found to have false identification papers. Benattaalso had overstayed a six-month visa.

Fearing that he might have links to the Sept. 11 plot, Canadianauthorities shipped the Algerian man with professional aviationskills and a dubious immigration record to New York City.

He was held in solitary confinement at the Metropolitan DetentionCenter in Brooklyn for five months, even though the FBI concluded inNovember 2001 that Benatta had no connection to terrorism.

The Algerian army deserter was initially charged with carryingfraudulent papers, but a federal judge criticized the government'scase, calling it a "sham."

"(Benatta) undeniably was deprived of his liberty," Judge KennethSchroeder Jr. wrote in his 2003 decision. Keeping him in prison"would be to join in the charade that had been perpetrated."

Despite the judge's ruling, Benatta continued to be held at theBatavia detention facility for overstaying his visa.

On Tuesday, the U.S. Court of Appeals for the 2nd Circuit issuedan order confirming that Canada had issued Benatta a temporaryresidency permit allowing him to "enter into Canada to pursue a claimof refugee status."

9/11 detainee free after 5 years

NEW YORK -- A former Algerian Air Force lieutenant -- who isbelieved to be the last detainee held in the U.S. from the Sept. 11attacks -- was freed this week, nearly five years after the FBIconcluded he had no terrorism links.

Benamar Benatta, 32, was released from the federal detentioncenter in upstate Batavia, N.Y., on Thursday and crossed the borderinto Canada to resume his half-decade struggle to gain politicalasylum there.

"He's hopeful for the first time in five years," said Benatta'sattorney, Catherine Amirfar, who called his treatment by the U.S.authorities "an absolute tragedy."

"It's the result of an individual being labeled a terrorist eventhough the FBI itself determined he had no connection to terrorismwhatsoever," Amirfar said.

Benatta arrived in the United States with other members of theAlgerian Air Force for military training in 2000 but later deserted.He was arrested as he tried to enter Canada on Sept. 5, 2001, afterhe was allegedly found to have false identification papers. Benattaalso had overstayed a six-month visa.

Fearing that he might have links to the Sept. 11 plot, Canadianauthorities shipped the Algerian man with professional aviationskills and a dubious immigration record to New York City.

He was held in solitary confinement at the Metropolitan DetentionCenter in Brooklyn for five months, even though the FBI concluded inNovember 2001 that Benatta had no connection to terrorism.

The Algerian army deserter was initially charged with carryingfraudulent papers, but a federal judge criticized the government'scase, calling it a "sham."

"(Benatta) undeniably was deprived of his liberty," Judge KennethSchroeder Jr. wrote in his 2003 decision. Keeping him in prison"would be to join in the charade that had been perpetrated."

Despite the judge's ruling, Benatta continued to be held at theBatavia detention facility for overstaying his visa.

On Tuesday, the U.S. Court of Appeals for the 2nd Circuit issuedan order confirming that Canada had issued Benatta a temporaryresidency permit allowing him to "enter into Canada to pursue a claimof refugee status."