Double Jeopardy In A Terrorism Case?

When the Megahead family gets together these days, one member is missing.

"This experience has been very very bad for my son," said Samir Megahed.

His son is Youssef Megahed, a 23-year-old college student and permanent legal U.S. resident, is in immigration custody, facing deportation to Egypt, a country he hasn't lived in since he was 11 years old.

CBS News correspondent Kelly Cobiella talked with Megahead when he called from a central Florida detention center while Cobiella was visiting with his family.

"Are you worried at all?" Cobiella asked.

"No," Megahed said.

"No?" Cobiella asked.

"I have no worries," Megahed said.

"So you are confident?" Cobiella asked.

"Yes," Megahead said.

Confident because he's been in a courtroom before. In August of 2007, Megahed and another college student were stopped while on their way to South Carolina. Police found explosives in the trunk. Both men were arrested and charged with terrorist related activity. The driver, Ahmed Mohamed, pled guilty to providing support to terrorist after authorities found a YouTube video showing him building remote control bombs. Mohamed was sentenced to 15 years.

"Did your son share those ideas?" Cobiella asked Samir Megahed.

"How many times you take a friend for you to the beach, did you know what was in the heart of your friend?" Samir Megahed asked.

Youssef Megahed, charged with two counts of terrorist activity went on trial earlier this year. In April, a federal jury found Megahed not guilty, finding the explosives on were on par with fireworks.

"We respect the jury verdict when we win, and we respect the jury's decision when we lose," said U.S. Attorney Jay Hoffer in April.

Three days later, immigration officials arrested Megahed outside of a Tampa Wal-Mart.

Immigration and Customs Enforcement declined our request for an interview, but said in a statement Mr. Megahed was arrested for "violations to the Immigration and Nationality Act," and "the charges differ significantly from those in his criminal case."

Megahed's family and supporters believe the government's actions amount to double jeopardy, getting a second chance to try a case it lost the first time around. But what the government is doing is perfectly legal.

According to former federal immigration prosecutor Dan Vara, it's the right thing to do.

"You have to ask yourself the question, 'Do we want to take that chance?" Vara said.

Musilm civil rights advocate Ramsi Kilic said because immigration courts have no jury and a lower burden of proof, it's much easier to convict defendants.

"If the government did have something to present, why didn't they present it in criminal court?" Kilic asked.

"Do you still have faith in the justice system?" Cobiella asked Samir Megahed.

"Yes, yes," Megahed said.

Faith that his son's day in immigration court will be as fair as the criminal trial.

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