A U.S. magistrate in El Paso recommended releasing a 79-year-old Cuban exile accused of violent acts against Fidel Castro's government, including a 1976 airliner bombing that killed 73 people.
U.S. Magistrate Judge Norbert Garney said Luis Posada Carriles, a naturalized Venezuelan and former CIA operative, should be freed because the U.S. government had been unable to find within the time allowed a legally acceptable country willing to give him asylum if he were deported.
Posada has been detained since 2005 for illegally crossing the border into Texas from Mexico.
The recommendation goes to a U.S. district judge for a final decision. The U.S. Justice Department has 10 days to file objections, Posada's lawyer said.