Despite evidence, man deported

Marabh served an eight-month jail sentence and was sent in January to his native Syria, which is regarded by the United States as a sponsor of terrorism. The quiet disposition of his case stands in stark contrast to the language FBI agents used to describe the man.

Marabh "intended to martyr himself in an attack against the United States," an FBI agent wrote in a December 2002 report. A footnote in Marabh's deportation ruling last year added, "The FBI has been unable to rule out the possibility that Marabh has engaged in terrorist activity or will do so if he is not removed from the United States."

One FBI report summarized a high-level debriefing of a Jordanian informant named Ahmed Y. Ashwas that was personally conducted by the US attorney in Chicago, signifying its importance. The informant alleged Marabh told him of specific terrorist plans during their time in prison.

Even the judge who accepted Marabh's plea agreement on minor immigration charges in 2002 balked. "Something about this case just makes me feel uncomfortable," Judge Richard Arcara said in court. The Justice Department assured the judge that Marabh did not have terrorist ties.

A second judge who ultimately ordered Marabh's deportation sided with FBI agents, federal prosecutors, and Customs agents in the field who believed Marabh was tied to terrorism.

"The court finds applicant does present a danger to national security," US Immigration Judge Robert D. Newberry ruled, concluding Marabh was "credibly linked to elements of terrorism" and had a "propensity to lie."

Neither the courts nor Marabh's attorneys were given access to the most striking allegations provided by the Jordanian informant.

Asked to explain the decision to free Marabh, Justice spokesman Bryan Sierra said the government has concerns about many people with suspected terror ties but cannot effectively try them in court without giving away intelligence sources and methods. "If the government cannot prosecute terrorism charges, another option is to remove the individual from the United States via deportation. After careful review, this was determined to be the best option available under the law to protect our national security," he said.