Judge Issues Ruling In Morales Case


A convicted Cuban plane hijacker who helped seize a passenger aircraft at knifepoint more than two decades ago is back in the community after a federal judge ordered his release from Immigration and Customs Enforcement custody, setting off criticism from the Department of Homeland Security.

Miakel Guerra Morales spent roughly 20 years in federal prison after being convicted of aircraft piracy for his role in the 2003 hijacking of a Cuban domestic flight that was forced to divert to Florida. After completing his prison sentence, he remained in ICE custody beginning in December while immigration authorities pursued his removal from the United States.

That changed on July 8, when U.S. District Judge John E. Steele, who was appointed by President Bill Clinton, ruled that Morales could no longer remain detained during the ongoing deportation process. Instead, the judge ordered that he be released under supervision while immigration officials continue their efforts to remove him from the country.

Court records from the criminal case describe a violent takeover of the aircraft. According to a 2009 magistrate judge's report, Morales and several co-defendants armed themselves with emergency axes from the aircraft along with multiple knives as they attempted to seize control of the flight. Crew members were threatened repeatedly, with knives reportedly pressed against their throats during the ordeal.


The report states that Morales was one of two hijackers who forced a flight attendant face down onto the cabin floor before binding his hands behind his back with a cord while holding a knife to his throat. During the confrontation, the flight technician reportedly armed himself with an emergency axe and prepared to resist the hijackers. He stopped only after hearing that children aboard the aircraft had been taken hostage, dramatically raising the stakes for everyone on board.

Defense attorneys argued during the criminal proceedings that the incident was actually intended as a "freedom flight" from Cuba rather than a traditional hijacking. They claimed members of the flight crew and an airport security guard knowingly participated by helping smuggle knives onto the aircraft and recruiting the six men to stage what would appear to be a hijacking.

The trial judge rejected efforts to characterize the incident as a political act. Prosecutors argued that dissatisfaction with conditions in one's home country could not justify hijacking a commercial aircraft carrying passengers, including children, while threatening crew members with knives and axes, taking hostages, tying victims up, issuing death threats, and placing dozens of lives at risk. The fact that the hijacking occurred less than two years after the September 11 terrorist attacks only added to the gravity of the crime.

Following his release, Morales credited the court for the outcome. According to Cuba Headlines, he said, "If the judge hadn't been firm, ICE wouldn't have let me go."

The Department of Homeland Security responded sharply to the decision. Acting Assistant Secretary Lauren Bis criticized the ruling in a public statement, saying, "This activist judge forced ICE to release a criminal illegal alien who was convicted and sentenced to 22 years for hijacking a plane back into American communities."

Bis added that the ruling represented "yet another example of an activist judge trying to thwart President Trump's mandate from the American people to remove criminal illegal aliens from our country."

Although Morales has been released from detention, he has not been cleared to remain permanently in the United States. Under the judge's order, he will remain under ICE supervision while the government continues attempting to complete his deportation.

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