Five Years After Being Exonerated by the FBI…

Jesus H. Christ.

Benamar Benatta, believed to be the last remaining domestic detainee from the Sept. 11, 2001, attacks, was released yesterday after negotiations involving Canada, the United States and his attorneys ended his captivity at nearly five years. …

The Algerian air force lieutenant spent more than 58 months behind bars even though the FBI formally concluded in November 2001 that he had no connection to terrorism. …

Benatta came to the United States in 2000 for military training and then overstayed a six-month visa. He arrived at the Peace Bridge near Buffalo seeking political asylum in Canada on Sept. 5, 2001. Officials there detained him while investigating his claim. Benatta’s background — an Algerian Muslim and an avionics technician without proper immigration papers — prompted Canada to turn him over to the United States after the terrorist attacks. He was placed in solitary confinement in a New York City jail.

He was initially charged with carrying fraudulent papers until a federal magistrate called those accusations a “sham.” Since then, he has been held for overstaying his visa as he waged a multiyear battle for political asylum in the United States or Canada, alleging he would be killed if he were returned to Algeria.

Government officials have been repeatedly criticized about Benatta’s treatment. In 2003, federal Magistrate Judge H. Kenneth Schroeder Jr. found that Benatta had been “undeniably deprived of his liberty.” Keeping him in prison any longer “would be to join in the charade that had been perpetrated,” he wrote.

Despite the findings, Benatta was kept in jail while he made a claim for U.S. asylum that was ultimately refused. At one point, he was offered release on a $25,000 bond but was unable to pay. Later, when his attorneys sought his release on bond, the government declined.

But don’t despair, there are still reasons to be proud of this country.