“We’re 99.9 percent sure the judge is going to grant deferral,” [Matthew Archambeault, a lawyer for Posada] said. “He is very satisfied with our case.”
The government could have made a much stronger case against Posada, calling witnesses to argue that he should be deported to Venezuela, where he holds citizenship. But government lawyers decided instead to close with a short statement and chose not to call witnesses to rebutt the testimony of Joaquin Chaffardet, a Venezuelan lawyer and Posada ally who argued in court that Posada would likely be tortured if he were sent to Venezuela.
Deferral will allow Posada to remain in detention in the United States, avoiding prosecution in Venezuela.