Courtesy... NY Times -http://www.nytimes.com/2004/06/30/nyregion/30deport.final.html?pagewanted=1 In F.B.I., Innocent Detainee Found Unlikely Ally By NINA BERNSTEIN Published: June 30, 2004 t took no more than a week for James P. Wynne, a veteran F.B.I. investigator, to confirm the harmless truth that only now, more than two years later, he is ready to talk about. The small foreign man he helped arrest for videotaping outside an office building in Queens on Oct. 25, 2001, was no terrorist. He was a Buddhist from Nepal planning to return there after five years of odd jobs at places like a Queens pizzeria and a Manhattan flower shop. He was taping New York street scenes to take back to his wife and sons in Katmandu. And he had no clue that the tall building that had drifted into his viewfinder happened to include an office of the Federal Bureau of Investigation. Yet by the time Mr. Wynne filed his F.B.I. report a few days later, the Nepalese man, who spoke almost no English, had been placed in solitary confinement at a federal detention center in Brooklyn just because of his videotaping. He was swallowed up in the government's new maximum security system of secret detention and secret hearings, and his only friend was the same F.B.I. agent who had helped decide to put him there. Except for the videotape ý "a tourist kind of thing," in Mr. Wynne's estimation ý no shred of suspicion attached to the man, Purna Raj Bajracharya, 47, who came from Nepal in 1996. His one offense ý staying to work on a long-expired tourist visa ý was an immigration violation punishable by deportation, not jail. But he wound up spending three months in solitary confinement before he was sent back to Katmandu in January 2002, and to release him from his shackles, even Mr. Wynne needed help. The clearance process had become so byzantine that the officer who had set the procedure in motion could not hasten it. Unable to procure a release that officially required signatures from top antiterrorism officials in Washington, Mr. Wynne took an uncommon step for an F.B.I. agent: he called the Legal Aid Society for a lawyer to help the jailed man. Now, for the first time, the F.B.I. agent and the Legal Aid lawyer, Olivia Cassin, have agreed to talk about the case and their unlikely alliance. Their documented accounts offer a rare, first-hand window into the workings of a secret world. Within 10 days of the Sept. 11 attacks, the Justice Department instructed immigration judges that all cases designated as "special interest" were to be handled in separate closed courtrooms, without visitors, family or reporters, and without confirming whether a case was on the docket. The secrecy left detainees with little access to lawyers. Visa violators would be held indefinitely, until the F.B.I. was sure the person was not involved in terrorism. As a visa violator under suspicion, Mr. Bajracharya was among hundreds placed in the special interest category, and his case was wiped from the public record. Mark Corallo, a spokesman for the Justice Department, said that though he was unfamiliar with the case, the system of secrecy Mr. Bajracharya encountered is lawful and necessary. "The idea that someone who has violated our immigration laws may be of interest on a national security level as well is an unfortunate reality, post-9/11," he said. Closed hearings are legal as long as due process is provided, he said, and all abuses will be dealt with. But Ms. Cassin, of Legal Aid, argues that under this secret practice, there is no way to know whether other noncitizens are even now being unfairly detained. "By its very nature," she said, "it can happen again without our knowing about it." Mr. Bajracharya was finally returned to Nepal on Jan. 13, 2002. By then he had spent almost three months in a 6-by-9-foot cell kept lighted 24 hours a day. The unit of the Metropolitan Detention Center in Brooklyn where he was kept has become notorious for the abuses documented there by the Justice Department's own inspector general, who found a pattern of physical and mental mistreatment of post-9/11 detainees. Videotapes showed officers slamming detainees into walls, mocking them during unnecessary strip-searches, and secretly taping their conversations with lawyers.